Discrimination / Harassment

Note exact date you informed employees they would be losing their jobs

08/01/2019

Former employees generally have just 300 days to file an EEOC discrimination complaint, and the clock starts ticking on the last date discrimination occurred. But in the case of an announced termination, the crucial date is when the employee learned she was going to lose her job.

Older worker must sign severance agreement in order to claim OWBPA violation

08/01/2019

Under the Older Workers Benefit Protection Act, employers are required to follow certain rules before getting employees to promise not to sue in exchange for receiving a severance payment. But merely presenting a severance offer that technically doesn’t meet those standards isn’t a separate legal wrong, as a recent case shows.

Warn supervisors: No inappropriate questions for employees who are expecting

08/01/2019

Employers should be careful about intrusive inquiries about a pregnancy, especially those that come from supervisors.

Texas suit challenges EEOC background check rules

08/01/2019

The 5th Circuit Court of Appeals recently heard oral arguments in a case brought by the Texas Attorney General’s Office. The suit challenges 2012 EEOC guidelines on the use of criminal background checks in hiring.

McDonald’s strict grooming policy riles EEOC

08/01/2019

McDonald’s—the restaurant that pumps out carbon-copy burgers and unfailingly flawless fries—has found the limits of its exacting standards. People, it appears, cannot be packaged nearly so precisely.

How rigid can our dress code be about imposing grooming standards?

07/30/2019

Q. Can we require male employees to keep their hair short? Also, can we require male employees to shave their beards?

Tort claims possible over outrageous conduct

07/30/2019

It’s rarely a good idea for bosses to impose their beliefs on subordinates.

Retaliation claim can live on long after original harassment claim is resolved

07/30/2019

Employees who allege harassment are protected from retaliation for filing their complaints. Punishing such an employee can amount to illegal retaliation. Even something as minor as assigning more work for the same pay can look like retaliation.

Your best legal defense: Treat all employees fairly and equitably

07/30/2019

Employers that always treat employees equally rarely lose discrimination lawsuits. That’s why HR departments should scrutinize every employment decision—hirings, promotions, demotions, firings, training assignments and so forth.

‘Ministerial exception’ may not cover schools

07/30/2019

Back in 2012, the U.S. Supreme Court provided some limited protection for religious organizations in their role as employers. The court outlined a test for the exception, which consists of four factors. Here’s how that played out in a recent case.