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Discrimination / Harassment

IBM apologizes for slurs on recruiting website

04/24/2019
IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019
If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.

Claim of hostile work environment based on disability may add up to ADA lawsuit

04/24/2019
The 2nd Circuit Court of Appeals has ruled for the first time that the ADA allows disabled workers to sue separately if they experience a hostile work environment based on their disability. That’s true even if the disabled worker doesn’t have a failure-to-accommodate or a disability discrimination claim.

It’s not bias: OK to deny shift-change request

04/24/2019
Under some circumstances, courts have ruled that changing someone’s usual shift can be an adverse employment action or retaliation for engaging in protected activity. But what if the employee was hired to work a specific shift and then re­­quests a transfer to another?

EEOC tactic: Force law-breaking employers to create an HR department

04/18/2019
While many smaller organizations slide by without having a dedicated HR director or HR department, a new court ruling will gives those HR-less companies something to think about.

How to trigger discrimination lawsuit: Strip job duties, create miserable conditions

04/16/2019
A lawsuit may be justified when an employer strips someone’s job duties and relegates them to performing menial tasks in worse conditions than others have to endure.

EEOC’s harassment reporting systems checklist

04/16/2019
According to the EEOC, a responsive sexual harassment complaint reporting system is one of the best tools employers have for addressing harassment at work.

EEOC charges down, harassment claims jump

04/16/2019
The #MeToo movement reached the EEOC in a big way last year. Even as total EEOC charges declined dramatically in fiscal year 2018, sexual harassment charges soared.

Consistency is key when deciding how to discipline for excessive medical absences

04/15/2019
Employers don’t have to keep disabled employees on the payroll after they have exhausted all available leave and received a reasonable accommodation of taking more time off. That doesn’t mean you can arbitrarily pick and choose which employees you discharge.