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Discrimination / Harassment

Retire or get fired? Prepare for lawsuit

08/30/2017
Because the choice between being fired or retiring isn’t entirely voluntary, a forced retirement is sometimes the legal equivalent of being fired. The employee may be able to sue for alleged discrimination even if she chooses to retire and receives retirement benefits.

Education can trump experience & vice versa

08/30/2017
Some employees who have been on staff for many years believe their experience should automatically be rewarded when promotion opportunities arise. When someone with less experience but more education is promoted instead, they may sue, alleging some form of discrimination, whether age or otherwise.

Harris County, Texas official must take harassment training

08/30/2017
The chief of the Harris County, Texas prosecutor’s Misdemeanor Department has been disciplined for making inappropriate comments to female employees.

Pregnancy bias often an instant win for worker

08/30/2017
Here’s a sure way to lose in federal court: Take a pregnant worker off your automatic scheduling program because you worry that she might go into labor and inconvenience your business.

Context matters when deciding if social media posts are ‘protected activity’

08/30/2017
Some employee speech on social media may end up classified as protected activity if it can legitimately be classified as a protest against what would be illegal discrimination under laws like Title VII.

Warn against mocking sexual orientation

08/30/2017
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.

Don’t sweat minor harassment gripes

08/30/2017
Some employees can be overly sensitive to criticism or perceived harassment. Most judges expect workers to shrug off occasional irritating comments, even if they feel them to be personally offensive.

Pennsylvania settles world’s most predictable lawsuit

08/30/2017
The Pennsylvania State Office of Public Records has agreed to pay $60,000 to settle an EEOC age discrimination lawsuit that alleged it passed over a seasoned, older attorney to hire a less experienced, young applicant for an appeals officer position.

Ford to pay $10 million to settle EEOC harassment charges

08/22/2017
Ford Motor Company has agreed to pay $10.125 million to settle EEOC charges of sex and race harassment against a group of employees at two Ford plants in Illinois.

Never mention workers’ ages when discussing reduction in force

08/21/2017
What not to do when closing down offices in which workers are older than the company average: Mention that eventually you may be able to hire younger replacements at lower cost. That’s just asking for a lawsuit.