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Discrimination / Harassment

A few isolated, annoying comments don’t create a hostile work environment

06/09/2014
Disabled employees are entitled to a workplace that’s free of hostility or harassment because of a disability. But that doesn’t mean that a few isolated comments are enough to create a hostile work environment.

Retaliation rule: Would ‘reasonable employee’ have been dissuaded from complaining?

06/09/2014
Employers can’t retaliate against employees for complaining about alleged discrimination or harassment. But before something is considered retaliatory, it is measured by whether a reasonable employee would find the alleged retaliation severe enough to have dissuaded him from complaining in the first place.

Limit requests for employees to prove religious need to be exempt from grooming code

06/09/2014

Before accommodating certain dress practices, employers can ask for some kind of proof of the religious custom that demands an exception—usually a letter from the employee explaining the practice and stating that he or she adheres to it. Once that letter is on file, however, employers should be careful about again demanding that the employee explain the practice or produce evidence of its validity.

Harsh criticism alone isn’t discrimination

06/09/2014
Few workplaces are perfect, and it’s the rare supervisors who has never uttered an angry word. But some employees are too sensitive to criticism. While yelling and screaming may be uncomfortable, it usually doesn’t reach the level required for a court to conclude that it’s hostile.

Change in grooming policy triggers religious bias suit

06/02/2014
A long-time security guard in the Philadelphia School District has filed a religious discrimination suit following the district’s decision to change its grooming policy. The new policy says male employees’ beards can be no longer than a quarter of an inch.

Federal judge strikes down Pa. state ban on same-sex marriage

06/02/2014
Citing last June’s U.S. Supreme Court decision in Windsor v. US, federal district judge John E. Jones has invalidated Pennsylvania’s ban on same-sex marriage. The decision could eventually force employers to revamp benefits programs to include employees’ same-sex spouses.

Man who refused to join in harassment of women has his own sexual harassment claim

06/02/2014
Here’s yet another reason to stop employees who sexually harass female co-workers, subordinates or customers: Men who work in that environment but refuse to join in can also sue for sexual harassment. It’s not just the harassed women who have claims.

Bias calendar doesn’t care about indecision

06/02/2014

Employees have to file EEOC complaints within 300 days of alleged discrimination or lose the right to sue. Similarly, they have to file state claims within 180 days of the alleged discriminatory act. If they miss those deadlines, they can’t sue. Repeatedly changing one’s mind about a situation involving an allegedly discriminatory act doesn’t extend or revive the deadline.

Age bias charges filed in wake of academic split

05/28/2014
When Texas Southmost College and the University of Texas-Brownsville ended their affiliation, administrators faced some tough decisions. According to three new lawsuits, they didn’t choose wisely.

Former university accountant represents self in bias suit

05/28/2014
A former accounting manager at Texas Southern University is seeking $500,000 in damages and reinstatement, claiming the university fired him because of his Nigerian heritage.