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Discrimination / Harassment

Employee complains co-workers ignore her? That’s not enough for discrimination claim

07/09/2013
Some employees just aren’t very likable, and that can lead to workplace awkwardness. Co-workers may ignore their prickly colleagues and only deal with them when necessary. That’s OK as long as the co-workers don’t end up going beyond mild ostracism.

Beware firing for forwarding emails that might support retaliation claim

07/09/2013
Be careful before firing someone for violating email policies that prohibit forwarding company documents to a personal email account. If the forwarded documents support an EEOC or other discrimination complaint, and if the forwarding isn’t “disruptive,” firing the employee could trigger a retaliation claim.

Supreme Court backs employers in Title VII cases

07/09/2013
With two rulings on June 24, the U.S. Supreme Court handed major victories to employers, limiting liability for supervisory discrimination and setting a higher bar for employees who file retaliation lawsuits. Both decisions clarify long-standing Title VII questions. Both mean employers are less likely to lose potentially costly lawsuits.

Don’t worry a somewhat negative performance review will cost you a lawsuit

07/09/2013
Here’s one less thing to worry about when preparing performance reviews: Employees can’t use a poor review as an excuse to sue unless they can show it affected their job in some significant way, such as making the employee ineligible for a pro­­motion.

Never blame an employees’ work deficiencies on her pregnancy

07/09/2013
Here’s an important tip to pass on to all supervisors: Never speculate on why an employee may be performing poorly. Focus on the work itself, and leave the diagnosis and psychoanalysis to the experts. That’s especially true when you think an employee’s work may be affected by pregnancy or pregnancy-related complications.

Is body odor a real disability?

07/07/2013
Q. Several employees have requested that we talk to another employee who, frankly, smells bad. I know she has medical problems. Can we ask her to do something about the odor or would that be discrimination based on disability?

Is it legally risky to use facial recognition software?

07/05/2013
Q. Management wants to install “facial recognition” software that clocks in employees by electronically matching the employee’s face to a database. Leaving aside the Big Brother creepiness, are there any legal land mines we should consider before installing this type of technology?

Anti-gay bias ban gains support in General Assembly

07/05/2013
A bill to provide protections to lesbian, gay, bisexual and transsexual em­­ployees has picked up some surprising support in the General Assembly. The bill, which was introduced with 102 co-sponsors, would ban discrimination based on sexual orientation or gender identity or expression in employment, housing, credit and public accommodations.

Retailer Wet Seal settles race bias suit for $7.5 million

07/05/2013
Women’s clothing retailer Wet Seal has agreed to settle a class-action race discrimination suit for $7.5 million. Out of those funds, $5.58 million will go to compensate 1,600 current and former black managers for lost pay and promotions, termination and emotional distress.

Warn bosses: Don’t criticize Martin Luther King Day

07/05/2013
Here’s a reminder to make sure supervisors stay clear of language or commentary that could be viewed as racist.