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Discrimination / Harassment

In the clear on sexual harassment charges, but still on the hook for supervisor retaliation

05/09/2018
It’s true your organization may not be liable for co-worker harassment if the harassed employee knew how to report harassment but failed to use the system. However, there can still be consequences if a supervisor retaliates against an employee who complained or threatened to complain but didn’t actually report the harassment.

Keep some records from HR decision-makers

05/09/2018
Sometimes, it makes a lot of sense to build a virtual wall between HR staff who handle discrimination complaints and manage litigation and those who review applications and requests for promotion.

Prevent training misfires with follow-up

05/08/2018
Training isn’t enough. Without careful follow-up, your training efforts may backfire—badly! Consider what happened in early May at Albertsons, the national grocery store chain.

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

State Supreme Court won’t say probable sexual harassment violated Texas law

05/07/2018
In the era of #MeToo and #TimesUp, the Texas Supreme Court just refused to broadly define sexual harassment in the workplace. Instead, the court found that generalized harassment at work—even if it’s morally reprehensible—doesn’t necessarily violate the Texas Commission on Human Rights Act.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018
Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

Employees win one of EEOC’s strangest lawsuits

05/03/2018
A federal jury in Brooklyn unanimously ruled in favor of employees at a New York insurance company who objected when they were forced to practice a religion conceived by the firm’s CEO.

Policy alone won’t fend off harassment suit

05/03/2018
You may think having a solid sexual harassment policy is all it takes to thwart a sexual harassment lawsuit. Not if the policy isn’t being followed!

Caste bias may pose new litigation risk

05/03/2018
Discrimination between members of protected classes is just as illegal under Title VII as discrimination by members of a majority class against minorities. Now there is a growing interest in a different form of intraracial discrimination: bias by some Indian Americans against members of lower castes.

Run internal audit to uncover hiring bias

05/03/2018
It’s entirely possible for employment discrimination to fly under HR’s radar. All it takes is too much trust that hiring managers wouldn’t knowingly violate your anti-discrimination policies. That’s why it’s critical to regularly audit your organization’s hiring practices.