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Discrimination / Harassment

Know the law: Protected activity is essential before employee can claim retaliation

11/03/2014
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.

Restaurant fires pregnant waitress for baby’s safety

11/03/2014
The EEOC has sued Arthur’s Res­tau­rant and Bar in Addison for pregnancy discrimination after a waitress who was expecting a baby was allegedly fired when she was “beginning to show.”

Frustration about disability won’t cost a lawsuit

11/03/2014
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-­chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.

MPW Industrial Services settles disability bias complaint

10/31/2014
Ohio-based MPW Industrial Services has agreed to settle a disability discrimination suit the EEOC filed on behalf of a job applicant.

You’ll need those notes: Save employee complaints

10/31/2014

If an employee cares enough about a promotion, assignment or training opportunity to contact HR with a complaint, save the note, email or other communication. Here’s why.

Voluntary retirement likely nixes wrongful-discharge suit

10/31/2014
Have you ever urged an employee facing discipline to retire instead of being fired? That’s OK—as long as you provide an alternative, such as allowing the em­­ployee to defend himself by offering his side of the story.

Prevent fail-to-hire suits by stripping protected characteristics from résumés

10/31/2014
Here’s an easy way to avoid needless failure-to-hire lawsuits: Sim­­ply have someone who is not involved in the initial decision to offer interviews remove risky identifying information from résumés.

Avoid appearance of retaliation against whistle-blowers

10/30/2014
To constitute whistle-blowing, employees must do more than merely state that they are going to complain about the employer’s actions. They must actually do so. Whistle-blowers don’t have to demonstrate an actual violation of the law as long as they have a reasonable, good-faith belief that a violation of the law has occurred or might.

Bullying prevention training to become mandatory in California

10/27/2014
In a few short weeks, California employers with 50 or more em­­ployees must change their training programs to include new material. Effective Jan. 1, anti-bullying training is mandatory for covered employers thanks to Gov. Jerry Brown’s signature on A.B. 2053 back in September.

Supreme Court clears way for same-sex marriage

10/27/2014

On Oct. 6, the U.S. Supreme Court declined to review all seven same-sex marriage cases pending before it. The Court’s refusal to hear the appeals meant that the lower court decisions striking down same-sex marriage bans in Indiana,  Oklahoma, Utah, Virginia and Wisconsin took effect right away. The immediate effects are twofold.