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Discrimination / Harassment

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.

Anti-harassment policies evolving after #MeToo

07/30/2019
In a survey, 51% of companies reported reviewing their sexual harassment policies since the #MeToo movement emerged as a cultural and business force in the fall of 2017.

Expanded definition of sexual harassment may be wave of future

07/19/2019
Laws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.

State of NY bans bias on the basis of hairstyles

07/19/2019
New York has become the second state to make it unlawful to discriminate against employees or applicants on the basis of the person’s hairstyle.

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.

Timely documentation: Your best legal defense

07/18/2019
What’s the best thing employers can do to win more lawsuits? Document every workplace decision contemporaneously, at the time you make it.