The Difference Between Discipline and Retaliation
Your employee complained — again– that you violated his/her rights. Maybe last time s/he said you discriminated against him/her by not providing reasonable accommodation for a disability. Maybe before...
View ArticleWould YOU Want to Pay $100m to Settle a Discrimination Case?
Happy New Year! Did you make New Years’ resolutions? Many of us do. What about your business? Do you have any for your business for this year? I’m guessing that making a big payout to settle claims...
View ArticleSee No Evil, Hear No Evil…. Be No Evil?
Does your company have a Code of Conduct? I’ll bet it does — or something similar. Most companies do. Does your Code of Conduct ask your employees to “say something” if they see something they believe...
View ArticleApple, #AppleToo and the NLRB…
A group of employees feels that your company discriminates against women and minorities. They have a beef with your payment practices. They voice concerns about harassment and workplace safety. They...
View ArticleBreach of Confidentiality — or Whistleblowing???
You’re a business executive. You’re in trouble with the authorities based on some allegedly shady activities and you find out that a few of your employees went to the press and told them what you were...
View Article1.1 Million Reasons Why You Shouldn’t Fire a Transgender Employee
The world has changed, and therefore the workplace — and employers’ obligations– has along with it. People can now decide whether they want to identify as male, female or a number of other non-binary...
View ArticleWhy Do Sexual Harassers Harass?
It has to be one of the more emotionally charged questions. Why do sexual harassers harass? In particular, why in 2021, when federal law and most states’ laws clearly prohibit it, and with the MeToo...
View ArticleThink You’re Not Liable For Discrimination Against a “Temp”? Think Again…
Suppose you work at or own, a staffing agency. Your company provides contingent workers “temps” to companies looking to, well, temporarily, augment their workforce. Maybe your client has specific...
View ArticleSexual Harassment and Battery Are NOT What the Doctor (Or The Courts) Ordered
It goes without saying that employers who allow sexual harassment or battery in their workplace are asking for trouble, right? It goes without saying that an employer who ignores complaints of sexual...
View ArticleWe Don’t Tolerate Harassment…
“(Company) does not tolerate harassment, discrimination or retaliation. We have strong policies and practices against harassment, discrimination and retaliation and provide regular training on those...
View ArticleFurloughs Aren’t Illegal, Are They?
Suppose you find your company is affected by the pandemic and resulting economic downturn. You decide to furlough some of your employees. You inform them of their impending furlough. You hope that you...
View ArticleA SLAPP in the Face? Why You Might Not Want to File a Counterclaim in a...
“My employee just sued me and my company claiming sexual harassment. It’s patently false. I want to counter-sue”. I’ve heard this one before. Can you file a counterclaim to a workplace harassment suit?...
View ArticleA White Doctor Can’t Sue for Discrimination? Why Not?
A doctor works as part of the medical staff at a hospital. The doctor, who is white, feels s/he has been the target of racial discrimination. The doctor complains about the alleged discrimination,...
View ArticleRegardless of What the Supreme Court Rules on Title VII, an Employee CAN Win...
Many of us are waiting with interest for the US Supreme Court’s decision as to whether Title VII of the Civil Rights Act’s prohibition against sex discrimination includes discrimination based on sexual...
View ArticleWhen You Google Pay Discrimination–and Google Shows Up in Your Search….
Google has been in the news a lot. I’m sure that statement doesn’t come as a big surprise. Not all the news is positive. That might not be a surprise either. Pay equity has been a big concern among...
View ArticleWhat’s The Magic Word? For Accommodation Requests, There Aren’t Any.
Remember when you were a kid and you asked a grown-up for something? Remember when that grown-up, trying to teach you manners, asked you, “What’s the magic word?”– and you hopefully said, “Please”?...
View ArticleSex Discrimination Works Both Ways
We are often inundated with stories about sexual harassment, unequal pay, failure to hire or promote or similar issues. Virtually all of the stories discuss unequal treatment of women–and with good...
View ArticleRumor Has It…That Sexual Rumors May Be Sexual Harassment
Have you ever had to deal with rumors of sexual misconduct in your workplace? Chances are you have — or you’ve at least heard sexual rumors. Is spreading rumors that a female employee is sleeping with...
View ArticleWhen Firing for Excessive Absences Can Lead to a Lawsuit…
You have a right to expect your employee to do his or her job. You have a right to expect him or her to show up to work (whether on your premises or via a remote location). Typically attendance is...
View ArticleThink 3.8 Million Times About Accommodating Nursing Moms At Work
Your employee returns from maternity leave and informs you that as a nursing mother she needs certain accommodations. What do you do? Hopefully you make every effort to find her an appropriate,...
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