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Discrimination / Harassment

EEOC may want more than money to settle

02/01/2018

In an indication that the agency is getting tougher on employers that violate religious freedom and discrimination rules, the EEOC appears to be squeezing greater concessions from employers before agreeing to settle cases.

Tax reform stifles #MeToo settlement deductions

01/31/2018

While motivation for this new provision was a well-intentioned nod to the #MeToo movement, it may have unforeseen consequences. 

After settlement disclosure, Farenthold won’t run again

01/31/2018

Rep. Blake Farenthold, who represents the Corpus Christi area in the U.S. House of Representatives, has announced he will retire from Congress at the end of his current term after it was revealed that taxpayers footed the bill for a 2014 settlement paid to a former aide who accused him of sexual harassment.

Ensure harassment reporting policy is clear

01/31/2018

If you require employees to report alleged harassment, you have some legal protection if you take prompt action to stop the misconduct. However, if the reporting process is confusing, contradictory or otherwise ineffective, it may not benefit you at all.

Most victims of sexual harassment never report it

01/30/2018

Thanks to the #MeToo movement, more victims are feeling empowered to come forward about workplace sexual harassment, but according to a new CareerBuilder survey, the majority continue to keep quiet.

Allegation of ‘lesbianism’ too vague to persuade court

01/26/2018

Vague sexual harassment allegations aren’t enough for lawsuits.

Beware retaliation following bias complaint

01/26/2018

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.

Feds up the ante on religious accommodation

01/25/2018

The Trump administration is increasing protection for workers who object to assignments and other conditions of employment based on their religious beliefs.

‘Political correctness’ doesn’t matter: Political belief isn’t a protected characteristic

01/23/2018

Some recently fired employees looking for reasons to sue their employers have started grasping at the gunwales of a “political correctness” lifeboat. Nice try but no dice was the verdict in a recent 9th Circuit Court of Appeals case.

Right to return after pregnancy depends on job

01/23/2018

Under California’s pregnancy discrimination protection laws, new mothers returning from pregnancy leave are entitled to return to their previous jobs, much as they are under the federal FMLA. However, there are real and practical limits to that right to return.