RSS icon

Top Stories

Discrimination and EEOC Compliance

EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
Comments (0)
If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
Read More

EEOC Lands Its Largest Settlement Ever

May 6, 2013
Comments (0)
I never thought I'd read about a case in which I could say to myself, “A $240 million jury verdict doesn't seem all that out of whack.” Then I read about the Equal Employment Opportunity Commission's recent $240 million jury verdict against Henry's Turkey Service. The agency alleged that the farm subjected its 32 mentally disabled workers to decades of abuse.
Read More

‘Gaining My Religion’: U.S. Courts Could Give Lifestyle Choices Saintly Status

May 2, 2013
Comments (0)
If federal courts did expand their definition of protected religious practice in the workplace, this would lead to a quandary for many employers. After all, state and federal laws on the subject can be substantially different.
Read More

There Is No Such Thing as a 'License to Harass'

April 18, 2013
Comments (0)
Employees need to understand that some participation in sex-based workplace hijinks does not create a license to harass in perpetuity. No one can tell where someone draws his or her personal line of inappropriateness, and trying to make that decision for someone else can only result in trouble (i.e., a lawsuit) down the road.
Read More

A Look at Abercrombie and Fitch's 'Look' Policies

April 15, 2013
Comments (0)
If you hope to claim an undue hardship defense to a religious accommodation claim based on your company's image, you need to have the hard data to back your claim. Hypothetical hardships likely will not carry the day.
Read More

A Cautionary Tale on What Happens When You Botch a Litigation Hold

April 1, 2013
Comments (0)
As soon as you reasonably anticipate litigation, you have an absolute duty to implement a written litigation hold that both instructs employees to preserve paper and electronic records relevant to the case, and suspends any automated processes that otherwise might result in the destruction of such records.
Read More

Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
Comments (0)
For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
Read More

Accommodating Disabled Job Applicants is No Game

March 20, 2013
Comments (0)
If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
Read More

Take a Pregnant Pause Before Firing That Pregnant Worker

March 13, 2013
Comments (0)
Firing a pregnant employee is a risky proposition.You not only have to worry about Title VII, but also potential liability under the Family and Medical Leave Act (if you are large enough to be covered), and the Americans with Disabilities Act (if the employee suffers from a pregnancy-related medical condition).
Read More