• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Panda Express reverification practices don’t bear scrutiny

08/02/2017
Fast-Chinese chain Panda Express has agreed to settle charges it discriminated against non-U.S. citizens in its work reverification process.

Harassment because of sexual stereotypes can form basis for Title VII lawsuit

08/02/2017
Several cases currently making their way through the legal system test whether Title VII’s sex discrimination provisions cover discrimination based on sexual orientation. In the meantime, remember that harassment based on sexual stereotypes is already illegal.

Have objective hiring standards? Good! Now stick with them for all applicants

08/02/2017
If your organization has created standardized, objective processes for hiring or promotion, make sure you deviate from them as little as possible. Doing so without a good, contemporaneous explanation may result in expensive litigation.

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

California’s FEHC proposes regulations on national-origin bias

08/02/2017
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.

9th Circuit: ADEA applies to all governmental agencies, even small ones

08/02/2017
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.

Transfer can amount to adverse action–but it better be a long way away

08/02/2017
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.

Snapshot: Disabled employees earn less

08/01/2017
On average, earnings for disabled employees are more than 30% lower than employees without a disability.

DOJ says Title VII doesn’t cover LGBT bias

08/01/2017
On the same day President Trump tweeted that transgender individuals could no longer serve in the armed forces, the U.S. Department of Justice filed a friend-of-the-court brief arguing that federal law does not protect lesbian, gay, bisexual and transgender employees from workplace discrimination.

Cutting out accommodation may be retaliation

07/27/2017
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.