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Employment Law

Employee has just a vague hunch about bias? Prevail in court with documented facts

01/09/2018

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Supervisors must step up when they learn subordinates might have been harassed

01/09/2018

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Remind bosses: Take care when addressing disability’s effect on employee performance

01/09/2018

Supervisors must be careful about how they handle discussions about employee disabilities. Comments the boss considers innocuous might feel very different to a disabled worker, and that can lead to needless litigation.

Discrimination suit can’t rely solely on race

01/09/2018

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

71% of sexual harassment incidents occurred at work

01/09/2018

Just over a quarter (25.7%) of alleged sexual misconduct that occurred in the workplace was reported to HR.

DOL revisiting paid internship rules

01/09/2018

The Labor Department’s Wage and Hour Division will begin revising its enforcement guidance for determining if interns must be paid, according to a Jan. 5 statement.

Trump DOL nominees to testify before HELP Committee

01/09/2018

Following a lengthy hiatus, efforts to confirm Trump administration appointees to the Department of Labor appear to be getting back on track.

Online hiring faces scrutiny for age bias

01/04/2018

If you have moved most of your recruiting and hiring processes online, you’re in the sights of watchdogs looking for hidden or intentional age discrimination.

A new year, a new anti-harassment initiative

01/04/2018

The #MeToo movement is expanding, and employers have a new worry: A group of wealthy Hollywood stars, producers, directors, writers and agents have added #TIMESUP to the anti-sexual harassment social media conversation. Employers are the target.

Austin sued by employee spurned after fire merger

01/03/2018

The former president of the union that represented employees of Travis County Emergency Services District 4 is suing the city of Austin and its fire chief over Austin’s refusal to hire him following the merger of ESD4 and the Austin Fire Department.