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Discrimination / Harassment

Workers sue Bloomington restaurant for reverse bias

02/18/2015
Panchero’s Mexican Grill in Bloom­­ing­­ton faces charges it fired white workers who worked as line cooks because of their race. The fired workers claim managers openly stated they preferred white workers for management jobs, but wanted only Mexi­­cans for line positions.

Muslim workers sue Hertz for bias

02/18/2015
The Hertz car rental operation at Minneapolis-St. Paul Airport faces charges it discriminated against Mus­­lim employees and harassed them. The employees, who worked cleaning vehicles, claimed managers would routinely walk in on their prayers de­­manding to see the employees’ badges.

Simple transfer could be considered retaliation

02/17/2015

Ordinarily, retaliation re­quires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.

Target shoots self in foot with leaked HR document

02/17/2015
The website Gawker.com has published yet another embarrassing internal document from retail giant Target’s HR shop. This one, leaked by employees, instructs managers on how to talk to the four generations working in Target stores: veterans, baby boomers, generation X and generation Y. What could possibly go wrong? Plenty.

It’s impossible to be biased against unknown disability

02/13/2015
Employees with hidden disabilities must notify their employers if they want ADA protection.

Houston bakery sued for refusing to hire non-Hispanics

02/10/2015
The EEOC alleges that Houston-based Lawler Foods violated Title VII of the Civil Rights Act by carrying out a pattern and practice of refusing to hire non-Hispanic applicants.

Constitution doesn’t protect workplace cliques

02/10/2015
Public employees have some workplace protections based on constitutional rights to free speech and association. But those rights don’t extend to the right to be part of a co-worker clique.

It could be retaliation: Think twice before forcing transfer that greatly affects commute

02/10/2015

Employees who complain about alleged discrimination, either to their employer or to an agency such as the EEOC, are protected from retaliation. Ordinarily, that re­quires a so-called adverse employment action like discharge or demotion. Lesser actions, such as a lateral transfer, don’t count.

When cooperation drops as discipline escalates, OK to fire for insubordination

02/10/2015

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Don’t hide behind your handbook! Formal harassment complaint isn’t required

02/10/2015
Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.