Discrimination
One Promotion Too Far
As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…
Read MoreIt’s Time to Review Your Employee Handbook
NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…
Read MoreDifferent Standards Apply to Equal Pay Act and Title VII Pay Discrimination Claims
The U.S. Court of Appeals for the Second Circuit, with its territory comprising the states of Connecticut, Vermont and New York, held that a plaintiff does not need to establish a violation of the Equal Pay Act in order to maintain a pay discrimination claim under Title VII. As the Second Circuit noted in Lenzi v.…
Read MoreSupervisor’s Derogatory Comments About Hispanics Enough to Advance Bias Claim
A bank teller who alleged that her employment was terminated because she is of Mexican heritage can proceed with her race and national origin discrimination claims, a California appellate court ruled. Even though the bank introduced evidence that the teller was fired for violating a bank policy on check cashing, the teller’s evidence that her…
Read More‘No Leave Available’ Text Supports ADA Claim
A sales associate at a Dollar General store who asked how to request leave and was told by text that no leave was available could proceed with her Americans with Disabilities Act (ADA) failure-to-accommodate claim, the 8th U.S. Circuit Court of Appeals ruled. The plaintiff was a lead sales associate at a Dollar General store…
Read MoreJust in Time for the Holidays – Does the ADA Require Braille on Gift Cards?
While litigation regarding accessibility of websites and mobile applications continues to swell, plaintiffs’ counsel are now pursuing new claims in serial litigation. With the holidays quickly approaching, many attorneys have set their sights on gift cards. Between Oct. 24-27, 2019, 33 putative nationwide class action cases were filed in two U.S. District Courts against an…
Read MoreHas #MeToo Created a New Claim of Male-Bias Discrimination?
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…
Read MoreEmployers, Can You Fire An Employee For Being Gay or Transgender?
We will soon see—at least under federal law. What am I talking about? This past week, the Supreme Court of the United States (SCOTUS) heard oral arguments on three cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.” Let’s…
Read MoreVerify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement
There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…
Read MoreSupreme Court to Decide if LGBT Workers Are Protected from Employment Discrimination
For roughly 10 years, Gerald Bostock worked as a child welfare services coordinator for Clayton County, Georgia, with happy results. Bostock was widely praised, and his boss gave him consistently positive reviews. Then Bostock began participating in a gay softball league and people started criticizing and disparaging him for it, as well as for his…
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