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Discrimination / Harassment

Racial harassment charges reach all-time high

03/09/2015
Employees filed 8,826 charges of racial harassment with the EEOC in fiscal year 2014, the most ever. In 10 years, racial harassment charges have increased by 58%.

When are a couple of butt slaps not harassment?

03/09/2015
A female nursing home worker slapped a male co-worker twice on the rear end. He complained to HR and the female employee was disciplined. A few days later, the male worker was fired when he didn’t show up for his shift. He sued, claiming he’d been sexually harassed.

EEOC, DOJ team up on public-sector bias

03/06/2015
The EEOC and the U.S. Department of Justice Civil Rights Division have signed a new memorandum of understanding firming up the agencies’ enforcement cooperation on discrimination, harassment and retaliation complaints involving local, state and federal government employees.

Worker’s crazy email likely won’t cost you in court

03/06/2015
Not every complaint amounts to “protected activity” that shields an employee from retaliation.

Trying to drive out employee can backfire

03/05/2015
Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

No victim? No problem! EEOC can still sue for bias

03/04/2015
Even if you’re not hearing complaints of bias, realize that insiders can blow the whistle on illegal practices.

Can repeated, petty complaints to HR be considered some form of harassment?

03/03/2015
Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is their boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, we in HR have to take it seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Nooses in the workplace? Immediately launch thorough investigation

03/03/2015

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015
Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Pennsylvania bosses personally liable for bias

03/03/2015
Here’s an important addition to your training curriculum: Make sure supervisors understand that under Pennsylvania law—unlike federal law—­they may be personally liable for discriminating against employees.