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Discrimination / Harassment

Be prepared to show business necessity if ­hiring rule excludes members of protected class

10/26/2011

Hiring rules that end up excluding many applicants who belong to a protected class can spell big trou­ble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

EEOC says Texas Roadhouse won’t hire well-aged workers

10/18/2011
The EEOC has filed suit against the Texas Roadhouse, claiming the na­­tional restaurant chain discriminates against older workers by denying them “front of the house” hourly po­­si­­tions, steering them instead into kitchen jobs or refusing to hire them.

Be alert for retaliation suit if manager reports that a colleague discriminates or harasses

10/18/2011

It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.

Take control of your internal complaint process

10/18/2011
Employees can’t be punished for reporting alleged discrimination. That would be retaliation. But with­­in reasonable limits, managers have the right to tell employees how to report alleged discrimination.

Personality clash or hostile work environment? It depends on hypothetical ‘reasonable person’

10/17/2011

Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.

Muslim DA’s bias suit against Youngstown moves on

10/12/2011
A federal judge has refused to dismiss a Youngstown prosecutor’s religious discrimination suit against the city. Basil Ally complained to the Ohio Civil Rights Commission and then sued, alleging he had been discriminated against because of his Muslim faith. His lawsuit claims co-workers sometimes teased him, suggesting that he was connected to Islamic terrorists.

Minor concentration problems don’t count as disabilities

10/12/2011
In today’s world of work, lots of em­­ployees experience stress, which sometimes manifests itself in panic or anxiety attacks or problems concentrating. But that does not mean the employee is disabled.