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Discrimination / Harassment

3rd Circuit rules reduction in work hours following complaint may be retaliation

10/20/2017
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.

EEOC changes tactics on sexual orientation

10/19/2017
The EEOC has begun arguing that acting against someone who fails to conform to gender stereotypes is a form of sex discrimination.

Being rude isn’t a protected ethnic trait

10/18/2017

Here’s a reminder to stick with solid explanations when documenting discipline. If you have facts to back up your decision, an employee’s spurious claim of some sort of discrimination likely will be dismissed.

Plaza Hotel faces multiple sex harassment charges

10/18/2017
Six current and former female employees of New York City’s Plaza Hotel have filed suit, alleging they were subjected to “outrageous and incessant sexual harassment and assault by senior management and their male counterparts” and that hotel owners refused to respond to their complaints.

How to lose a lawsuit: Just ignore it

10/18/2017
A New York employer has learned the hard way that simply ignoring a lawsuit won’t make it go away. In fact, doing so merely assures the plaintiff will win. And it’s almost impossible to undo a so-called default judgment.

The more complicated the bias allegations, the harder it is for employees to prevail

10/18/2017
Employees trying to prove “gender-plus” discrimination must be prepared to make specific allegations showing how multiple characteristics were involved. That’s a tough sell.

Saying ‘No!’ to boss’s come-on puts employer on notice of possible retaliation

10/18/2017
When an employee rejects a supervisor’s unwanted sexual advances, that counts as opposing discrimination for the purpose of establishing retaliation for protected activity. Essentially, saying “No!” to a harassing supervisor may be as good as reporting the incident to HR.

No boss comments on language skills, hearing

10/18/2017
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Poll: Who’s looking out for the men at work?

10/17/2017
A new survey by the Ernst & Young consulting firm found that 32% of men in general feel excluded in the workplace.

Snapshot: More women than men consider gender bias in tech a problem

10/17/2017
Women are substantially more likely than men to say gender discrimination is a major problem in the technology industry.