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Discrimination / Harassment

Unions have no separate duty to ferret out discrimination

03/04/2011
Employers are obligated to make sure their employees don’t discriminate. However, unions have no similar duty to investigate and expose bias.

Texas deadlines tighter than Ledbetter Act’s

03/04/2011
A Texas appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 doesn’t change the deadline for filing a claim under the Texas Labor Code. Employees still have to use the pay decision date as the start of the filing deadline.

Statewide anti-gay bias bill introduced in Legislature

03/04/2011
Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

What’s wrong with this picture? You be the judge

03/03/2011
How many contemporary employment law violations can you spot in this 1860s ad for the Pony Express?

Dirty Dozen: 12 manager mistakes that spark lawsuits

03/03/2011
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Can you refuse to hire candidates who are currently unemployed?

03/01/2011
You may have seen it in the classifieds: “Must be currently working.” Is that legal? Some state legislatures want to prohibit “unemployment discrimination.” And given the nature of post-recession America’s out-of-work population, there may be an even more compelling reason not to exclude the unemployed.

High court opens door to ‘third party’ retaliation

03/01/2011
The U.S. Supreme Court last month widened the circle of people who can bring retaliation lawsuits under Title VII of the Civil Rights Act. As a result, HR and supervisors everywhere must be extra cautious about handing out discipline or terminations that could be construed as some sort of retaliation.

Sample Policy: Harassment

02/28/2011
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Durham testing company settles religious bias lawsuit

02/28/2011

Durham-based educational testing firm Measurement Inc. has agreed to pay $110,000 to settle an EEOC religious discrimination suit filed on behalf of a former employee who belongs to a Christian denomination known as the Children of Yisrael.

Warn bosses: Talk of protected characteristics can flag bias

02/28/2011
Here’s a warning you should make sure supervisors hear loud and clear: No one in management should ever mention a protected characteristic (such as age, race or gender) while discussing a promotion or hiring decision.