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Discrimination / Harassment

New worker is older, too? That’s not age bias

09/29/2016
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.

ADEA: As boomers get older, more file age-discrimination claims

09/27/2016
Age-discrimination cases are among the most costly for employers. Do you have an age-bias problem?

EEOC loses ‘no dreadlocks’ race bias case

09/27/2016
The EEOC has lost an important case that was among the first to test the concept that race can be defined as a “construct” rather than by a set of physical characteristics.

Warn managers: Watch your language when discussing any aspect of worker’s pregnancy

09/26/2016
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.

Tell bosses: No comments about hair, clothing

09/26/2016
You may be among the many employers that have dress and grooming rules. That’s fine as long as you allow for religion, race, disability and other protected statuses that may affect how employees comply with the rules.

Death threat? Yeah, that’s reason to quit

09/26/2016
It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.

Banker wins $3.5 million in sexual orientation suit

09/22/2016
A Steele County, Minn., judge has awarded a banker $3.5 million in damages after a bank holding company ousted him after he revealed he is gay.

COBRA coverage continues even if carrier changes

09/22/2016
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Rudeness doesn’t always equal hostile environment

09/14/2016
Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.

Leave denied? Yeah, so is employee’s lawsuit

09/12/2016
Some employees want to blame anything bad that happens to them at work on discrimination. The reality is usually different.