Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Harassment & Discrimination

Feb 23 2016
Harassment & Discrimination

Male-on-male grabbing is sexual harassment, not horseplay

Multiple incidents of sexual harassment by one male employee toward another in the workplace led to a $300,000 verdict against their employer. First, the male plaintiff in the case saw the perpetrator come up behind a male coworker and grab his rear end. Then the perpetrator turned his attention to the plaintiff, slapping him on…

Read More
Jan 13 2016
Harassment & DiscriminationHiring

New guidance for employers conducting internal I-9 audits

In an effort to ensure that employers follow best practices and do not engage in discriminatory practices, the US Justice Department’s Civil Rights Division and the Department of Homeland Security’s US Immigration and Customs Enforcement (ICE) have issued joint guidance for employers who choose to conduct internal audits of their Form I-9s to ensure that…

Read More
Nov 27 2015
Harassment & Discrimination

Harassment case based on anti-Muslim comments heads to trial

A case against Boeing alleging inflammatory, harassing comments against an Egyptian-born Muslim employee will move forward to trial in Washington. The employee alleges that a Boeing supervisor denied him a temporary promotion because of his race, and that various managers and coworkers made racist and derogatory comments to him about his race, national origin, and…

Read More
Nov 17 2015
Harassment & DiscriminationQ&ATermination & Resignation

Retaliation claim may succeed despite employee’s falsified letters of reference

Answer: Sorry, but there is a risk! Termination at this point definitely puts the company at risk for a retaliation claim and the employee could get a verdict in his favor, even if the company can prove that the reference letters were fake and the termination wasn’t discriminatory. That doesn’t mean the employee is “fire-proof”…

Read More
Oct 15 2015
CaliforniaHarassment & DiscriminationLabor Relations

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant. Unless otherwise indicated, these bills take effect on January 1, 2016. SB 358: The California Fair Pay Act dramatically expands the ability of workers to sue for sex discrimination in payment of wages….

Read More
Aug 12 2015
Harassment & DiscriminationTermination & Resignation

Porn investigation leads to discrimination lawsuit

Demoting an employee for accessing and viewing pornographic material on his work computer should be an air-tight decision, but a recent court case demonstrates how even a seemingly justified punitive action can lead to a lawsuit. The case stems from a company investigation after one employee complained that an entire department frequently viewed pornography on…

Read More
Jul 24 2015
Harassment & Discrimination

Supreme Court says EEOC must negotiate before suing

Title VII requires the EEOC to use “conference, conciliation, and persuasion.” The Court ruled  that the EEOC “must tell the employer about the claim—essentially, what practice has harmed which person or class—and must provide the employer with an opportunity to discuss the matter in an effort to achieve voluntary compliance.” The negotiations don’t have to…

Read More
Jul 13 2015
Harassment & Discrimination

Supervisor’s harassing behavior results in $1.5 million liability

A supervisor’s sexually suggestive comments and acts toward three female employees who all asked him to stop resulted in a jury award of punitive and compensatory damages of $1.5 million. A federal appeals court agreed that the employer should be held liable with no opportunity for a defense, since the supervisor also was involved in…

Read More
Jun 03 2015
Harassment & DiscriminationHiring

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court. The woman wore the scarf because she sincerely believed it was a requirement of her religion….

Read More
May 04 2015
Harassment & DiscriminationQ&A

Reassigning harassment victim is risky

Answer: The short answer is no. Moving an employee instead of conducting an investigation and dealing with the underlying problem could create two additional, and potentially more serious, issues. First, just moving the alleged victim could open the company up to a retaliation claim, because the move could be an adverse employment action. The alleged…

Read More
Apr 06 2015
Harassment & Discrimination

Harassment Law: Civil rights complaint in Oregon results in $2.4 mil settlement

The Oregon Bureau of Labor and Industries (BOLI) announced it reached a $2.4 million settlement with Daimler Trucks North America. The settlement  included six employees who filed civil rights complaints alleging race discrimination. Five other employees withdrew complaints, stating they will go to court.  The Labor Commissioner’s Complaint, filed on behalf of the people of…

Read More

Is My Company Eligible?

If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Scroll to Top