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Discrimination / Harassment

Don’t play God! It’s not up to you to decide what’s a real religious belief

10/07/2014

Employers must reasonably accommodate employees’ religious beliefs unless doing so would cause undue hardship. Some employers take this to mean they get to decide what constitutes a genuine religious belief—and nix requests for time off for religious observances that don’t fit their defi­nition. That’s legal blasphemy!

Where legal trouble lurks: Even unwritten rules must be enforced fairly and consistently

10/07/2014
Before disciplining an employee who says she did what she did because her supervisor told her it was OK, make sure others following the same informal rule were treated the same. If you fire or demote one, you must fire or demote the other.

Popeyes pays for chickening out on HIV-positive applicant

10/07/2014
A Popeyes Chicken franchise in Tyler has agreed to settle an EEOC disability discrimination suit filed on behalf of an applicant who had several years of experience in the restaurant business. The alleged reason he wasn’t hired: His HIV status.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

High Court to hear religious dress code case

10/06/2014
The U.S. Supreme Court has agreed to hear a case that will decide whether a job applicant must specifically request an accommodation before an employer can be held liable for having a dress code that prohibits religious attire or grooming practices.

He never applied; but can he still sue for hiring bias?

10/06/2014
In most cases, people who file discrimination lawsuits (age, race, sex, etc.) based on hiring decisions are people who applied and were officially rejected. But what if someone simply believes the employer would favor one gender—and he never actually applies? Can that person still sue for hiring discrimination?

The hot lawsuits of 2014: Discrimination, harassment

10/01/2014
A survey asked: “In which of the following areas has your organization seen the most employee lawsuits or class action over the past year?”

Even courts can wind up in the EEOC’s cross hairs

09/26/2014
The Allegheny County Court of Common Pleas faces an EEOC age dis­crimination lawsuit after it dismissed a 70-year-old employee.

Boss’s stupid sexist comment may spur lawsuit

09/26/2014
Even a single comment can be enough to keep a sex discrimination case going—especially if the commentator happens to be a supervisor with firing authority.

Warn supervisors against comments on military service

09/26/2014
Here’s something to include in supervisory training sessions: Warn that negative comments about military service may put the employer on the defensive in the event the employee is terminated.