Vigilant Blog

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

Showing posts for: Harassment & Discrimination

May 30 2018
Harassment & DiscriminationHiringSafety and Health

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of domestic violence, sexual assault,…

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May 29 2018
CaliforniaHarassment & DiscriminationOregon

Brace for impact of pay equity laws

With Starbucks’ recent announcement that the company has achieved 100 percent pay equity by race and gender for U.S. workers performing similar jobs, most employers are left wondering how Starbucks got there—and how they can get there, too. The topic of equal pay continues to make headlines, and California, Oregon, and Washington are at the…

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May 25 2018
Harassment & Discrimination

Sexual harassment retaliation victim gets big verdict against her employer

A female police sergeant was awarded $350,000 in a retaliation claim when her employer transferred her 180 miles away after she complained of sexual harassment. The sergeant, who had worked for the police since 1987, had complained of unwanted sexual advances and a sexual assault by a co-worker. The investigation by the employer deemed the…

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May 25 2018
Harassment & DiscriminationLeave LawsQ&A

Q&A: Leave is last resort for pregnant worker with lifting restrictions

Answer: Not so fast. You should proceed with caution when an employee informs you she is pregnant and unable to do her regular job. First evaluate whether you are required by law or company policy to accommodate those limitations. State laws in California and Washington provide specific rights for pregnant workers to be accommodated. It’s…

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May 15 2018
Harassment & DiscriminationPrivacy & ConfidentialityWashington

New Washington laws limit harassment nondisclosure agreements

Washington Governor Jay Inslee has signed two new laws intended to encourage public disclosure and discussion of sexual harassment in the workplace. Both of these laws take effect on June 7, 2018. #1: Substitute Senate Bill 6313 Substitute Senate Bill 6313 makes an employment agreement void and unenforceable if it requires an employee to: (a)…

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May 09 2018
Harassment & DiscriminationHiringWashington

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal background”)….

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Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums without admitting liability….

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Mar 29 2018
Harassment & DiscriminationQ&A

Q&A: Is your company at risk for workplace harassment?

Answer: First, take a look at your company culture. Are your leaders supporting the effort to create a harassment-free environment and modeling appropriate behavior? Are you holding all employees from the top down accountable? Workplace Harassment Risk Factors The U.S. Equal Employment Opportunity Commission (EEOC) has identified 12 risk factors for harassment in the workplace. Some…

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Mar 26 2018
Harassment & DiscriminationTermination & Resignation

Q&A: Layoff of only older workers raises concerns

Maybe. At first glance, it appears that the layoff may be targeting employees who belong to a protected category under the federal Age Discrimination in Employment Act (ADEA): age 40 and over. This doesn’t necessarily mean that the company’s decision is motivated by discrimination, but the outcome does invite closer scrutiny. Identify Objective Causes of…

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Mar 09 2018
Harassment & DiscriminationLabor Relations

NLRB attorney recommends dismissing Google engineer’s complaint

The National Labor Relations Board should dismiss a Google software engineer’s complaint that he was illegally fired for circulating an anti-diversity memo, according to an official opinion from a staff attorney in the Division of Advice for the Board’s Office of the General Counsel. You may recall that in August 2017, the media was abuzz…

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Jan 17 2018
Harassment & DiscriminationHiringQ&A

Q&A: Can past lawsuits be a factor in hiring decisions?

Answer: Yes, if the past lawsuit is your reason for doing so. State laws in California, Oregon, and Washington protect both employees and applicants from discrimination and retaliation, including protection when they have opposed a discriminatory practice by complaining to a government agency or filing a lawsuit. The Washington State Supreme Court recently considered this…

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Dec 15 2017
Harassment & DiscriminationQ&A

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Answer: The key in these situations is to fight the temptation to minimize or disbelieve the complaint, and instead to address the issue head on with a reasonable investigation. Depending on the outcome of the investigation, take steps to ensure the behavior stops. It’s not unusual for employers to have a hard time believing…

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