Vigilant Blog

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

Showing posts for: Harassment & Discrimination

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…

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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…

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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…

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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….

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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…

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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…

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