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Discrimination / Harassment

Is that harassment, or just a social media spat?

05/21/2020
Sometimes, employees bicker back and forth on social media. That can lead to accusations that someone was representing the employer and used online postings to harass or retaliate. Unless the employee can prove that the posting was done on behalf of the employer, he won’t win.

Staffing companies must stand up for their workers

05/14/2020
Staffing companies that provide workers for other employers have an obligation to stand up for the workers they send on assignments when the client employer violates anti-discrimination laws such as Title VII and the Pregnancy Discrimination Act.

Review pension plan for age discrimination

05/07/2020
Here’s a $5.4 million reminder that discriminating on the basis of age when administering employee benefits violates federal law.

Root out all demographic hiring preferences

04/30/2020
We all know hiring managers shouldn’t discriminate against some candidates because of protected characteristics. It’s just as unlawful for them to favor certain candidates because they belong to a particular ethnic group or nationality.

Lack of right-to-sue letters isn’t good news

04/30/2020
In response to the coronavirus pandemic, the EEOC has temporarily stopped issuing right-to-sue letters, which give employees the greenlight to file discrimination and harassment lawsuits against their employers. When business starts up again, expect a flood of discrimination and harassment litigation.

#MeTooLate? Policy change won’t always stop lawsuits

04/23/2020
When the #MeToo movement exposed pervasive sexual harassment in corporate America, the board of directors at McDonald’s implemented anti-harassment policies that went far beyond what the law requires. Too bad that wasn’t enough to prevent what could prove to be a massive harassment lawsuit.

Don’t let assistive technology affect hiring

04/23/2020
Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

Federal employees get extra age-bias help

04/16/2020
In a surprising 8-1 decision, the U.S. Supreme Court has ruled that a federal law, in Justice Samuel Alito’s words, “demands that personnel actions be untainted by any consideration of age.”

Heat still on for employers tolerating racial harassment

04/09/2020
Three cases filed against two employers show that, despite the COVID-19 pandemic, the EEOC is not slowing down in its efforts to punish employers that don’t take their anti-harassment responsibilities seriously.

EEOC sues over insurance-driven age bias

04/09/2020
For the second time this year, the EEOC has sued an employer for refusing to consider older candidates for specific jobs. In both cases, the employer decided not to hire or retain someone because their auto insurance policies would not cover workers 75 or older.