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Employment Law

Beware suits claiming Section 1981 violations

04/07/2022
Employees are limited in the amount of damages for emotional distress or mental anguish they can collect if they sue under Title VII of the Civil Rights Act of 1964. However, clever attorneys have found a way around these caps when bringing race and ethnicity discrimination cases.

EEOC charges drop again, sink to 24-year low

04/05/2022
EEOC discrimination charges fell again in fiscal year 2021, continuing a 10-year decline. With 61,331 charges filed, FY 2021 saw about 6,000 fewer complaints alleging some form of bias, retaliation or harassment than in FY 2020.

Take these basic steps to protect against cyber-attacks

03/31/2022
As the war in Ukraine continues, the White House is warning Americans about the danger of Russian-sponsored cyber-attacks designed to disrupt business in the United States. Follow these steps to ensure you’re protected against Russian cyber-sabotage.

Act fast to lessen liability for racial harassment

03/31/2022
As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.

Heed NLRA rules when discouraging unions

03/31/2022
Organized labor is on a roll, with union elections making news everywhere from Amazon warehouses to John Deere factories to Starbucks coffee houses. The trend has employers wondering what they can do to thwart union organizing activities.

Beware medical inquiries before making job offer

03/24/2022
When hiring, asking the wrong question can be an expensive mistake. In one recent case, a worker who wasn’t even looking for a job walked away with a $75,000 payday because of a prospective employer’s ill-conceived question.

Investigate all bystander harassment reports

03/24/2022
The EEOC believes one of the best ways to stop managerial sexual harassment is to encourage bystander reporting. Ignoring a bystander’s harassment report is practically asking for a lawsuit.

CROWN Act would ban bias on basis of hairstyles

03/24/2022
The House of Representatives has passed legislation that would prohibit workplace discrimination against employees on the basis of hair texture or hairstyles commonly associated with a particular race, ethnicity or national origin.

EEOC warns against caregiver stereotyping

03/24/2022
The EEOC has issued new guidance that warns against making assumptions based on the possibility that an applicant or employee might one day have to take time off to assume a caregiving role. The EEOC guidance offers these scenarios as examples of situations that could create employer liability.

Illegal harassment vs. legal (but still wrong) bullying

03/17/2022
Nate’s mistreatment of Will in Season 2 of the hit TV show Ted Lasso is uncomfortable to watch and horrendous management. But is it illegal? The answer is no.