The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be enforced. The...
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment...
Promotion and demotion decisions are often subjective, so they leave employers open to charges of bias. To alleviate even the perception of discrimination when making...
The U.S. Department of Labor’s Office of Disability Employment Policy just unveiled a study, Employer Strategies for Responding to an Aging Workforce. The study...
The 11th Circuit Court of Appeals has approved new grounds for discrimination lawsuits. It recently ruled that employees who file discrimination complaints can sue for...
Placing an employee on forced leave can form the basis for a lawsuit, according to a recent 7th Circuit Court of Appeals decision. That’s true even if the forced...
The courts—which have been slammed with retaliation lawsuits—have begun narrowing what they consider retaliation. For example, the 7th Circuit has ruled...
Simply comparing the average age of workers before and after a RIF can make it look like age bias played a part in deciding who kept or lost their jobs. Laid-off...
One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then...
Title VII of the Civil Rights Act prohibits employers from using an individual's race, color, national origin, religion, or sex as a basis for decisions on hiring,...
There is no freedom from discrimination based on having premarital sex, but there is a right to be free of pregnancy discrimination. It may seem odd, but employers can...
The EEOC has just won a significant legal victory without even having to go to trial. It recently alleged that some last-chance agreements automatically violate Title...
Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate...
Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough...
Earlier this year, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the...
Q. How is it possible to get out of an EEOC discrimination complaint if the employee has tape recordings to prove the claim? Can we prolong the process so the time can...
When you get wind of a potential harassment situation at work, one of HR’s first steps is to talk to the alleged harasser. It’s highly unlikely you’ll...
The Financial Industry Regulatory Authority (FIRA) has ruled Citibank violated state anti-discrimination laws when it fired Edward Laurence Bowne in 2008—and...
Courts hold white employees who allege racial discrimination to a slightly higher standard than members of other protected classes. The higher standard is met if the...
