Parties who are equally culpable in workplace misconduct should be treated equally. Disparate treatment is, well, disparate treatment, which is a Title VII no-no.Read More
Employers should still think long and hard (and only after engaging in the interactive process) before denying an extended unpaid leave of absence under the Americans with Disabilities Act.Read More
It doesn't look good if only 0.5 percent of your managers are African American when you're defending a race-discrimination case.Read More
When an employer inquires into an applicant’s medical condition as a condition of a job, the employer must focus on the individual job at issue.Read More
Ten of the 22 lawsuits filed or settlements reached by the EEOC in May included allegations of disability discrimination. That’s a .455 batting average, which is none too shabby in anyone’s book.Read More
Prejudice is human nature; it’s not bigotry or racism, both of which imply intentional hatred.Read More
When you are conducting investigations in your workplace, let common sense be your guide. If it looks like a bigoted stereotype, it is.
Employers must be vigilant in rooting out, and stopping, racist speech in the workplace, or face the consequences of potentially damaging, and expensive, discrimination lawsuits.Read More
Do you have a case for discrimination and harassment if you’re an African-American whose boss calls you a 'n***er,' and intimidates you with a handgun during meetings? You bet you do.Read More
What are common practices that employers follow when a current employee turns up with a failed background check? What are some instances that would or should result in termination and what are some violations that could be deemed acceptable?
— Background Noise, HR associate, software/systems, New York