Employment Law Blog

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Showing posts for: Harassment & Discrimination

Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation 

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Karen Davis
Jan 13 2017
Harassment & Discrimination 

Whistleblower protections expanded for federal contractor employees

On December 14, 2016, President Obama signed legislation that expands whistleblower protections for employees working on federal contracts. The law now protects the same categories of workers on both civilian and defense contracts: any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor on the federal contract. (Previously…

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Photo of Josephine Ko
Dec 22 2016
Harassment & Discrimination 

New California law mandates gender-neutral single-user bathrooms

Starting March 1, 2017, new legislation approved by California Governor Jerry Brown will require public single-user bathrooms to be designated as “all-gender.”

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Photo of Karen Davis
Nov 21 2016
Harassment & Discrimination 

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil…

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Photo of Lorraine Hoffman
Nov 16 2016
Harassment & DiscriminationTermination & Resignation 

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of…

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Photo of Karen Davis
Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour 

OFCCP wrings significant settlements from employers

The Office of Federal Contract Compliance Programs (OFCCP) has announced a string of recent settlements with federal contractors over alleged employment discrimination.

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Photo of Jackie Marks
Sep 28 2016
Harassment & Discrimination 

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace…

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Photo of Jodi Slavik
Sep 14 2016
Harassment & Discrimination 

Prompt investigation saves employer from harassment liability

In a nod to the value of HR professionals, a federal district court in Tennessee dismissed an Equal Employment Opportunity Commission (EEOC) case against Autozone, finding that the company did enough to stop alleged harassment by a store manager. How did the company address allegations of sexual harassment in the workplace? In…

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Photo of Diane Buisman
Aug 04 2016
Harassment & Discrimination 

Transgender rights and issues continue to be on forefront for federal agencies

The federal Equal Employment Opportunity Commission (EEOC) and U.S. Department of Education became the two most recent federal agencies to release guidance regarding treatment of transgender individuals. The EEOC issued a new fact sheet discussing rights of transgender employees and the U.S. Department of Education issued a letter regarding transgender…

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Photo of Karen Davis
Jul 11 2016
Harassment & Discrimination 

Sexual Orientation Discrimination: The EEOC Files First Lawsuits

In two ground-breaking lawsuits this past March, the U.S. Equal Employment Opportunity Commission (EEOC) alleges that under Title VII of the Civil Rights Act, “sex discrimination” includes discrimination on the basis of sexual orientation. This is a developing area of employment law, and these lawsuits are part of the EEOC’s national strategy to seek…

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