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Discrimination / Harassment

Supreme Court won’t hear racial slur case

06/01/2021
Can employers be liable for the single use of an offensive word? A disgruntled employee wanted the U.S. Supreme Court to rule on that question, but justices on May 17 declined to take his case.

Cost of denying pregnancy leave: $146,000

05/27/2021
When an employee has pregnancy complications that might delay her return to work, consider offering additional leave. In addition to the FMLA, the Pregnancy Discrimination Act may compel employers to accommodate pregnant employees by granting time off.

Employment law changes: What to expect into 2022

05/26/2021
Paid sick leave—an issue supported by President Biden and gaining steam in state legislatures—is the top legislative issue that employers expect to impact their businesses over the next 12 months, according to a new Littler survey of 1,100 HR professionals and in-house attorneys.

Disability bias: Prepare to pay huge damage awards

05/20/2021
The ADA does more than entitle disabled employees to accommodations that help them perform their jobs. It also protects them against discrimination based on their disability. Juries are more than willing to make employers pay for blatant disability discrimination.

Ongoing telework brings legal complexities

05/20/2021
Remote work is likely to continue long after the coronavirus crisis subsides. As you contemplate what post-pandemic work will look like, it’s important to recognize the complications inherent to permanent telework arrangements. Factor them into your decision making when setting new policies on remote work and hiring.

$44 million to settle age-discrimination case

05/20/2021
The Federal Aviation Administration just settled a long-running age-discrimination case involving outsourcing and lost pensions. The suit, which began in 2005, is a cautionary tale about the high cost of discrimination and the drawn-out litigation that often ensues.

Pay equity group alleges tip credit perpetuates racism

05/06/2021
Many tipped workers wind up earning far more than the $7.25 minimum when tippers are generous. But some patrons are cheapskates (or worse) who may tip far less because they harbor racist views. That problem is the basis of a recent lawsuit.

Tamp down rumor-mongering about affairs

04/29/2021
Most sexual harassment lawsuits involve employees claiming a supervisor or co-worker tried to coerce them into having sex or created a hostile environment with sexual jokes, images or personal questions. But there’s another form of hostile-environment harassment that can trigger lawsuits: spreading rumors that someone was hired or promoted for having a sexual relationship with a decisionmaker.

Should you remove ‘he’ & ‘she’ from handbook?

04/22/2021
As more employers take steps to make nonbinary individuals feel more comfortable in the workplace, some organization are working to create gender-neutral employee policies and handbooks.

EEOC updates guidance on religious discrimination, accommodations

04/22/2021
For the first time since 2008, the EEOC has updated its guidance on enforcement of Title VII religious discrimination cases. The new guidance reflects conclusions drawn from recent EEOC litigation, as well as its current thinking on accommodating religious beliefs and practices.