Image Credit: Pixabay.com (https://pixabay.com/en/yada-yada-board-insignificance-1432923/) Let’s imagine that one of your female co-workers gets promoted. Shortly afterward, some of your male co-workers spread false rumors about how their recently-promoted colleague must have slept her way to the top. Do you think that: (a) these rumors are gender-based, or (b) based upon false…
Articles Posted in Discrimination and Unlawful Harassment
Lower court reminds us that LGBT rights remain limited in the Third Circuit, well, except…
Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/ A few weeks ago, a Pennsylvania federal judge reluctantly ruled in this case that discrimination based on sexual orientation is not unlawful (or you, could say, permissible) under Title VII of the Civil Rights Act of 1964. Here’s what Judge Gerald McHugh said: This case involves a…
EEOC: The equal-opportunity-groper defense is a bad one
Nyttend [Public domain], from Wikimedia CommonsThere’s this defense to discrimination claims to which, sadly, we on the defense side must resort occasionally. That is, if a manager or supervisor is mean to everyone, then it is unlikely that he or she has singled out a particular person based on that…
When do you have the file your EEO-1 this year?
We don’t talk much about the EEO-1 Report on this blog. The EEO-1 is the federally-mandated survey of company employment data categorized by race/ethnicity, gender and job category Companies with 100 or more employees must file it each year. Certain federal contractors with 50 or more employees must file the…
Does New Jersey’s new equal pay law apply retroactively?
Image Credit: PXhere.com (https://pxhere.com/en/photo/1291014) Last April, I was talking to an employee-rights attorney about the Diane B. Allen Equal Pay Act, legislation in New Jersey that Governor Murphy had just signed. That’s the law requiring pay equality across all protected classes. The attorney asked me words to the effect of,…
Appellate court rules that age discrimination against certain job applicants is okay — sort of.
Image Credit: Pxhere.com (https://pxhere.com/en/photo/1445849) Last week, the full Seventh Circuit Court of Appeals issued this decision in which it held that an outside job applicant cannot pursue a disparate impact claim under the Age Discrimination in Employment Act. What does this mean in plain English? Think “unintentional discrimination.” In the Seventh Circuit case, the…
Girl Scout Cookies and Employment Law – Almost Everything That HR Needs To Know
Won’t you help little Ivy Meyer achieve her Girl Scout Cookies sales goal? It’s that time of year again. Coworkers have begun bombarding you with requests to purchase Girl Scout Cookies. So, in that spirit, let’s tackle: Whether unions will start organizing your workplace if you relax your no-solicitation policy…
Another court greenlights discrimination claims for a medical marijuana user fired for failing a drug test
By xrmap flag collection – Based on image from xrmap flag collection 2.7, colors from image at World Flag Database, Public Domain, Link In the United States, medical marijuana use is legal in 33 states and the District of Columbia. However, the laws governing the use of medical marijuana vary…
Workplace lessons from Dr. Martin Luther King, Jr.
See page for author [Public domain], via Wikimedia CommonsToday is Martin Luther King Jr. Day. Many will write about how our society continues to struggle with race relations and discrimination in the 50+ years since Dr. King’s famous “I have a Dream” speech (video; text). This past weekend didn’t help.…
How can HR convince the C-Suite to purchase anti-harassment training in 2019?
Image Credit: Pixabay.com (https://pixabay.com/en/share-price-stock-exchange-business-1013626/) It’s easier than you think. But, you need to speak the right language. And that language is money. In 2016, The EEOC Select Task Force on the Study of Harassment in the Workplace concluded that there is a compelling business case for stopping and preventing harassment.…