Topic: Discrimination in the Workplace

3 Cheers for Holiday Parties! 5 Rules for Limiting Employer Liability!

Throwing a company holiday party? You’ll want to establish some ground rules. Of course, we have our own such “guidelines” – gleaned from years of experience – for making sure things don’t get out of hand: clear out the mistletoe. Lock up the supply closets. Unplug the self-tweeting Xerox machine. Don’t let that tall guy… Read more »

Workplace Discrimination: Latest Need-to-Know from JD Supra

We welcome one of our newest JD Supra contributors — the Equal Employment Opportunity Commission — with a roundup of recent updates on workplace discrimination and related legal issues. For your reference: ATK to Pay $100,000 to Settle EEOC Race Discrimination Case (U.S. Equal Employment Opportunity Commission): “Alliant Techsystems, Inc. (ATK), a Minnesota-based company that… Read more »

EEOC to Employers: Anti-Discrimination Also Laws Protect Domestic Violence Victims

Earlier this month, the Equal Employment Opportunity Commission released new guidance to help employers avoid discrimination of domestic violence victims. Entitled “Questions and Answers: The Application of Title VII and the Americans with Disabilities Act to Applicants or Employees who Experience Domestic or Dating Violence, Sexual Assault or Stalking,” the guidance provides examples of employment… Read more »

EEOC Targets Discrimination Against Muslim and Arab Employees

The Equal Employment Opportunity Commission is cracking down on religious discrimination in the workplace, particularly that committed against Muslim and Arab workers, write Robert Meyer and David Woodard of law firm Poyner Spruill: “The EEOC reports that in the initial months after the September 11, 2001 terrorist attacks, the Commission saw a 250% increase in… Read more »

Are You Doing Your Part to Prevent Workplace Bullying?

“Everyone deserves a safe, healthy workplace.” (Workplace Bullying Institute) October 14 – 21 is National Freedom from Workplace Bullying Week. What does that mean for employers and HR managers? From XpertHR: ““During this week… [e]mployers should demonstrate that they will take all necessary steps aimed at curbing workplace bullying and preventing an abusive workplace by… Read more »

Filling a Vacancy? Your Best Candidate Might Be Less Qualified, Says Court

“Federal and state governments, and the plaintiff’s bar, have laid down a dangerous maze that every employer has to traverse to hire and retain employees in hopes of achieving success… In interviewing, hiring, employing, paying and severing an employee, there is a minefield employers need to negotiate. Things like Title VII, ADA, ADEA, FCRA, EPA,… Read more »

HR Update: 5 Best Practices for Internal Investigations

“…[E]mployers are presented with circumstances on a regular basis that must be investigated effectively to avoid significant legal liability… [K]eep in mind that an internal investigation may become your defense in any subsequent litigation and therefore may be subject to significant scrutiny by the plaintiff, the plaintiff’s lawyer and possibly a jury. As a result,… Read more »

Workplace Discrimination Lawsuits: A Look Into The Future

Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle: “For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and… Read more »

Wellness Programs: Great Idea for Your Employees, But Watch Out for Pitfalls

Thanks to workplace wellness programs, employees across the country are losing weight, quitting smoking, and improving their overall physical health. But employees aren’t the only ones who benefit from a focus on health in the workplace. Law firm Snell & Wilmer: “The economic case for these programs is strong and supported by some pretty staggering… Read more »

Transgender Employees Protected Against Workplace Discrimination, EEOC Rules

In a recent decision, the Equal Employment Opportunity Commission ruled that the Civil Rights Act protects transgendered employees from discrimination in the workplace. In its ruling, the EEOC said that Mia Macy, a transgendered woman, could proceed with a charge of gender identity discrimination against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Macy claims… Read more »

EEOC to Employers: Don’t Use Criminal Records as a Basis for Discrimination

On April 25, 2012, the Equal Employment Opportunity Commission updated its policies on the use of arrest and conviction records when making employment decisions. The updated policy is intended to provide employers with best practices for avoiding discrimination based on race or national origin when evaluating the criminal history of current and potential employees. For… Read more »

5 Rights of Every Employee

“… the [Equal Employment Opportunity Commission (EEOC)] stated that it received 99,947 discrimination charges against private sector employers in FY 2011… Charges alleging retaliation under all of the statutes the EEOC enforces accounted for the highest overall percentage of private sector complaints received (37.4%), followed closely by race discrimination complaints (35.4%). Claims of religious discrimination,… Read more »

Employment Background Checks: What You Need to Know (and Do)

Be Careful With Background Checks (Sands Anderson PC) As employment lawyer Annemarie Cleary notes in the above video update, running certain background checks on job applicants can leave employers open to charges of discriminatory hiring practices. From labor & employment lawyers on JD Supra, here are five recommendations for using criminal and credit background checks… Read more »

Workplace Discrimination: 7 Areas Targeted by the EEOC

“The [Equal Opportunity Employment Commission] received a total of 99,947 charges of discrimination in fiscal year 2011, a slight increase from the year before… [and] filed 300 lawsuits and 261 ‘merits’ lawsuits, which include direct suits and interventions alleging violations of the substantive provisions of the statutes enforced by the EEOC and suits to enforce… Read more »

It’s Valentine’s Day – Do You Know What Your Employees Are Doing?

“Valentine’s Day is right around the corner, and while you might be tempted to show your affection to colleagues with candy, flowers or thoughtful cards, labor attorney Steve Palazzolo has one suggestion: Don’t…  ‘What worked for us in elementary school does not translate successfully to the office. To avoid conflict – or, even worse, violating… Read more »