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Discrimination / Harassment

What doesn’t count as reverse discrimination

04/06/2015
A single racially charged comment from someone who didn’t have any say in a subsequent discharge decision isn’t enough to support a reverse discrimination claim.

Shouting match over name-calling: That’s not protected activity

04/06/2015
Typically, protected activity involves going to the HR office or a supervisor and reporting harassment, discrimination or other perceived illegal treatment. For example, an employee who discovers a racial slur on the bathroom wall may report that to HR and that’s protected activity. But what if the employee, instead of going through channels, responds directly to the co-worker making a comment or caught writing graffiti?

Warn managers and supervisors: Never suggest that employees’ kids get in the way of work

04/06/2015

One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination. At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.

Men can win sexual harassment lawsuits, too

04/06/2015
Don’t think that it’s only women who manage to win sexual harassment and hostile environment claims. As this recent case shows, men harassed by their supervisors can also convince a jury that they deserve payment for being harassed.

Probationary status doesn’t bar ADA accommodation

04/01/2015
New Castle-based pipe fitting manufacturer EZEFLOW USA has agreed to pay $65,000 to settle a disability discrimination suit filed by a former marine who had requested six weeks of unpaid leave to treat seizures resulting from his service in Iraq and Afghanistan.

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015
When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Make sure harassment reporting process isn’t stacked against those who complain

04/01/2015

Employers with a robust anti-harassment policy can sometimes escape liability if employees unreasonably fail to take advantage of the policy to report alleged harassment. The idea is that employers should have a chance to fix the problem. But if your process is somehow stacked against alleged victims, don’t expect a court to let you off the hook.

Think long and hard before firing harassment victim for fighting back

04/01/2015
Sometimes, an employee may feel as if she has no viable option except to fight back against a bully or harasser. That puts you, as the employer, in a difficult spot. Do you launch a full-scale investigation, try to sort out which employee is telling the truth and then fire the one you believe most culpable? If that’s the employee who physically struck the other, you may be making the wrong choice.

Pa. governor calls for ban on bias against LGBT employees

04/01/2015
Gov. Tom Wolf has asked the legislature to send him a bill providing protections for lesbian, gay, bisexual and transgender employees.

Don’t let xenophobia harm innocent employee

04/01/2015
It’s no secret: International news often upsets Americans, especially since the Sept. 11 terrorist attacks. But frustration about terrorism and other threats shouldn’t be allowed to spill over in the workplace, especially if another staff member is unfairly singled out for abuse based on nothing more than his national origin or religion.