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Discrimination / Harassment

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Pregnancy unnecessary for pregnancy bias suit

08/14/2014
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?

Firefighter afraid of fire: Is that an ADA-covered disability?

08/12/2014
Lots of people have a fear of running into a burning building. But what if a professional firefighter has such a fear that prevents him from doing his job? Is such a fear considered an ADA-protected disability that must be accommodated by the employer?

Not every employee call to complaint hotline counts as ‘protected activity’

08/11/2014
Federal law makes it unlawful to retaliate against employees who voice harassment or discrimination claims. Generally, employees who call hotlines are protected because the call itself is “protected activity.” But that’s not always the case.

Need to change an employee’s duties? It’s smart to document the reasons why

08/08/2014

Employers have the right to manage their workforces in the most efficient way possible—as long as they don’t discriminate. As a practical matter, that means employers should be aware of potential lawsuits when making significant workplace changes, such as reducing the workforce or reassigning work. When taking such actions, be sure to document the economic reasons for the changes.

Are we liable for male-female pay disparities?

07/31/2014
Q. The company that I own has been in business since 1930. We recently performed an assessment of positions and salaries and discovered that our male executives are paid higher salaries than female counterparts. Are we liable for any unfair business practices?

Fort Worth rehab center settles disability bias suit

07/31/2014
The Fort Worth Center for Reha­­bil­­i­­­­tation will pay a rejected job applicant $30,000 to settle a disability dis­crimination suit filed by the EEOC. The EEOC alleged the center failed to accommodate a certified nursing assistant’s disability when conducting a pre-employment drug screen.

Courts zapping frivolous litigants with sanctions

07/31/2014
Frivo­­lous lawsuits can take up lots of time and cost thousands of dollars in legal fees before it’s all over. Fortunately, courts are becoming more willing to punish truly frivolous lawsuits and the employees who bring them.

No need to establish absolute proof before terminating alleged harasser

07/31/2014
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.

Obama signs order prohibiting LGBT bias at fed contractors

07/29/2014
President Obama made good on his June 16 promise that he would ban federal contractors from discriminating against lesbian, gay, bisexual and transgender workers and job applicants. An executive order signed July 21 applies to companies with contracts worth $10,000 or more.