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Discrimination / Harassment

What managers need to know about sexual harassment

10/01/2015
Here’s a primer on what sexual harassment is and how to react when you see it.

Sure it seems obvious, but …. don’t declare sexual harassment part of the job

09/30/2015
Here’s a recent case that should make it clear to employers that it’s their responsibility to make sure employees aren’t sexually harassed. Simply put, you can’t tell someone going into an all-male environment that sexual harassment just happens and is the price for breaking down gender barriers.

Track who hired and promoted disabled worker

09/30/2015

It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.

At-will status won’t stop bias lawsuit

09/30/2015

It doesn’t take much for an employee who has been terminated to take a discrimination claim to court. For example, all a woman has to allege is that she is a member of a protected class (female), was qualified for her job, was discharged and was replaced by someone who is not a member of her protected class—that is, that a man replaced her. It’s then up to the employer to prove it had a legitimate, unrelated reason for the termination. It can’t rely strictly on her status as at-will.

9th Circuit: 10-year age difference creates presumption of age discrimination

09/21/2015
Generally, older employees who are turned down for promotions or aren’t hired must show that the person who was hired was younger. But how much younger? That question has now been answered by the 9th Circuit Court of Appeals.

Sexual bullying is harassment under California’s FEHA

09/21/2015
It’s a violation of California’s Fair Employment and Housing Act for a supervisor to use an employee’s sexuality as a vehicle for making work life miserable. That’s true even if it wasn’t motivated by sexual desire. Bullying someone through sexual threats is sexual harassment.

Accommodation up in the air at Express Jet

09/21/2015
Recently, Express Jet Airways placed a Muslim flight attendant on unpaid leave after she refused to serve alcohol during flights.

University of Minnesota admits fumbling on athletic director hire

09/14/2015
University of Minnesota President Eric Kaler says he takes “full responsibility” for the botched hiring of Norwood Teague as the university’s athletic director. Teague resigned Aug. 7 after admitting he sexually harassed two administrators at a university leadership event.

Mentioning pregnancy during discipline doesn’t prove bias

09/14/2015

Rest easy: You can talk about an employee’s pregnancy while also discussing discipline against her. As long as you make it clear that you are disciplining the employee because of issues that have nothing to do with her pending childbirth, mentioning pregnancy while discussing potential penalties won’t make you lose a discrimination suit.

$17 million EEOC verdict for Florida farm workers who were raped

09/12/2015
A federal jury has returned a unanimous verdict awarding a total of $17,425,000 to five former female employees of Moreno Farms, a Florida produce packing operation, who the EEOC claimed endured regular harassment and eventual rape at the hands of two supervisors.