Discrimination / Harassment

‘Criminal’ doesn’t get Title VII protection

09/26/2017

For an applicant to sue under Title VII, she can’t merely allege that she suffered because of having a criminal record.

Don’t assume you know what women want

09/26/2017

Sometimes, managers make decisions based on outmoded notions of women, their role in society and their commitment to their families versus their work and employers. Make sure you warn supervisors to guard against such attitudes.

More reverse bias cases under Trump administration

09/21/2017

Only about 12% of all race discrimination complaints filed with the EEOC last year were by white employees who claim they were treated less favorably than minority co-workers. But the shifting political climate may lead to an increase in such “reverse discrimination” cases.

Court: Nursing mom entitled to light duty

09/21/2017

In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.

2nd Circuit urges free lawyers for employees who represented themselves

09/07/2017

The 2nd Circuit Court of Appeals has reversed the dismissal of a sexual harassment case and ordered the lower court to consider additional evidence that an employee who was acting as her own attorney unsuccessfully tried to present.

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017

An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

Establish several ways to report harassment

09/06/2017

Providing training to supervisors and employees is a vital way to prevent sexual harassment lawsuits. But a second piece to that puzzle is often overlooked: creating an easy-to-understand complaint policy.

EEOC takes aim at pregnancy discrimination

08/31/2017

What does the EEOC expect when employees are expecting? That employers will uphold their obligations under the Pregnancy Discrimination Act and Title VII.

Brief, creepy overture doesn’t necessarily amount to sexual harassment

08/30/2017

Not every attempt at seduction becomes a sexual harassment case—as long as the employer takes appropriate action right away once it learns what happened.

HR has a duty to call out discrimination–which is why it’s protected speech