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Discrimination / Harassment

2nd degree burn: Order to fire can be retaliation

09/11/2015
Retaliation can be anything that would dissuade a reasonable employee from reporting alleged wrongdoing—such as harassment or discrimination—in the first place. And it doesn’t just apply to direct punishment against an employee. It can even be an employer’s action that targets an employee’s co-workers or associates.

EEOC says Title VII prohibits sexual orientation discrimination

09/10/2015
The EEOC has come out with a declaration that federal legislation explicitly prohibiting employment discrimination based on sexual orientation is unnecessary because it is already prohibited under Title VII of the Civil Rights Act. This is a new and important development in the ongoing efforts of activists to get discrimination protection for all workers, regardless of sexual orientation, preference or other characteristics based on sexuality.

No other complaints about pregnancy bias? That can make charges easier to defend

09/10/2015
Sometimes, it’s relatively easy to get a pregnancy discrimination lawsuit dismissed. If your workplace records can show that other employees became pregnant, took leave and never complained about any sort of pregnancy-related discrimination, that can serve as a powerful rebuttal to a lone complaint.

Woman fired for spurning CEO wins $18 million

09/10/2015
A federal jury in Manhattan has awarded a Swedish woman $18 million in her harassment lawsuit against her former Wall Street boss.

Train bosses: Snap decisions almost always risky

09/10/2015

Treating an applicant rudely or making snap judgments can mean ending up in court, trying to defend against charges of race or other perceived discrimination. Here’s a case you can use as an example of how not to greet an applicant even if you are sure he won’t be hired.

NYC legal temp agency gets lesson in discrimination law

09/10/2015
The owners of New York City-based Strategic Legal Staffing were apparently surprised to learn how litigious lawyers can be. The legal temp agency found out the hard way when it allegedly rejected a job candidate after learning she was 70 years  old.

Why you must track participation in training

09/10/2015

In many workplaces, promotions partly depend on completing training sessions or otherwise showing efforts to improve and grow. But some employees won’t make the effort. Of course, that doesn’t mean they won’t sue over missed promotions. That’s why you should be prepared to show which employees took advantage of training opportunities and which employees didn’t.

EEOC report details progress of women, minorities at work

09/09/2015
In conjunction with its 50th anniversary, the EEOC has compiled data showing that women and minorities have made significant yet still incomplete inroads in a changing employment landscape.

Trying to ensure pay equality? Be sure to account for even slight differences in duties

09/09/2015

Under the Equal Pay Act, workers of one sex who perform substantially similar jobs are entitled to the same pay as their counterparts of the opposite sex. But it doesn’t take much to make jobs dissimilar enough to thwart direct comparisons. Keep this in mind when preparing job descriptions and explaining pay differences.

Dallas doctors’ service to pay for CEO’s harassment

09/09/2015
Dallas-based physician outsourcing group EmCare will pay dearly for its CEO’s raunchy behavior. Following a jury verdict awarding $499,000 to three former employees for sexual harassment, the federal judge in charge of the case has ordered the firm to pay an additional $183,000 in attorneys’ fees to the lead plaintiff in the case.