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Discrimination / Harassment

Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules

08/22/2013
Employees who lose their jobs may not understand that if filing for bankruptcy, they must list any potential litigation claim as an asset. Federal courts have dismissed even obviously valid employment discrimination lawsuits when employees failed to disclose such claims in their bankruptcy paperwork. That may no longer continue, if this recent case is any indi­­cation.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

08/22/2013
Here’s a warning for your super­­visors and managers: If an em­­ployee complains that other em­­ployees are making fun of his wardrobe choices or other manner of dressing, act fast to stop the teasing.

The growing risk of ‘caregiver discrimination’

08/22/2013
Remind supervisors that treating employees (or applicants) less favorably because they have caregiving responsibilities can quickly trigger a lawsuit—and that’s more true now than ever. Your management training sessions should include in­­for­­mation on the FMLA, ADA and other laws that affect the issue.

Employers win Nassar battle, but retaliation war continues

08/20/2013
In June, the U.S. Supreme Court ruled in University of Texas Southwestern Medical Center v. Nassar that, to win a retaliation lawsuit, an employee must show the employer’s intent to retaliate against the employee for exercising Title VII anti-discrimination rights was the “but for” cause of the challenged action, not just a motivating factor. As important a victory as the Nassar ruling was for employers, it’s important to recognize that the retaliation war is ongoing.

Worker doesn’t have to be minority to complain about racial harassment

08/20/2013
Here’s an important reminder that employees don’t have to be black to complain about racial harassment in the workplace and win a large jury award.

Court: Minneapolis woman can invoke Norwegian law

08/20/2013
A Minnesota woman who lived in Norway for 20 years before returning to the states to take a job with the Norwegian consulate in Minneapolis will be allowed to apply Norwegian law in a pay discrimination lawsuit.

Stray comments won’t cost age bias lawsuit

08/20/2013
Stray co-worker comments about an employee’s age can be embarrassing, but they don’t turn an ordinary discharge into a winning age discrimination case. While you don’t want to encourage teasing or joking about age, don’t panic just because of an occasional insensitive word.

Top 10 states for EEOC claims

08/16/2013
Ten states accounted for 46.5% of all EEOC charges filed in fiscal year 2012, led by Texas at 9%.

Supreme Court rejects EEOC’s broad definition of ‘supervisor’

08/13/2013
In a major victory for employers, the Supreme Court in June ruled that, in Title VII cases, only someone with the power to take “tangible employment action” can be considered a supervisor. The Court’s decision in Vance v. Ball State will make it harder for employees to sue for supervisor bias, a claim that carries strict employer liability.

Deaf patrons steamed at lower Manhattan Starbucks

08/13/2013
According to a suit filed in federal court, workers at a New York City Starbucks openly mocked deaf patrons—and their rude behavior didn’t stop there.