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Discrimination / Harassment

Job discrimination claims hit all-time high

12/22/2010
A triple-whammy of forces—new laws, new EEOC outreach programs and ongoing economic malaise—helped push the number of employee job discrimination claims to 99,922 in federal fiscal year 2010, the highest annual total in the EEOC’s 45-year history.

Harassment in Conshohocken leads to $66,000 EEOC settlement

12/21/2010
Telecommunications giant One Communications Corp. has settled an EEOC religious discrimination and harassment suit filed by three Jewish employees at its Conshohocken office.

Temp better than employee? Terminate with care

12/21/2010
Sometimes, work actually goes better when a temp replaces an employee who’s out on leave. You might even think about keeping the temp and dumping the incumbent. Watch out!

When reorg will cut older worker’s position, consider offering reassignment to other jobs

12/21/2010
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.

2010 was record year for EEOC discrimination complaints

12/21/2010
The EEOC received nearly 100,000 complaints of discrimination in federal fiscal year 2010 that ended Sept. 30, 2010. The total of 99,922 topped the previous high of 95,402 in FY 2008 and represented a 7% increase over FY 2009’s figure of 93,277.

PDA doesn’t guarantee leave for child care

12/21/2010

The Pregnancy Discrimination Act protects women against discrimination because they’re about to have a baby. But the PDA doesn’t grant any special, additional rights to time off for child care. Unless the mother has FMLA or other leave available, there’s no requirement for an employer to accommodate her child care needs.

Does religious accommodation mean paid leave?

12/21/2010
Q. One of our exempt employees has requested a partial day off to attend a religious service and contends that she should be paid for this time off as a “religious accommodation.” Is she correct?

Know your responsibilities under the EEOC’s final GINA regs

12/21/2010
The EEOC has published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). They take effect on Jan. 10. The new regulations clarify when employers may be liable for acquiring genetic information.

Harassment claim? Dragging feet creates more trouble

12/21/2010
Courts are losing patience with employers that ignore sexual harassment instead of dealing with it right away.

You must try to stop harassment–even if it’s clients or customers doing the harassing

12/21/2010

You know you have to take reasonable steps to prevent sexual harassment. If prevention doesn’t work, then you have an obligation to put an end to it. But what if you work in a setting where sexual harassment “comes with the territory”? From the court’s perspective, that doesn’t matter.