A CEO, an HR manager and an attorney walk into a bar ....
If any joke in the workplace makes you think, "lawsuit!", you aren't alone. The laws requiring you to protect employees from illegal discrimination are deadly serious. They also are vague.
The federal Civil Rights Act, which applies to employers with 15 or more workers, prohibits job bias based on race, color, religion, sex or national origin. But state and local statutes often go further, meaning that comments or actions that are OK in one place are illegal somewhere else.
Unfortunately, the courts have yetto provide concrete guidance on what talk or actions are "severe and pervasive enough" to create a hostile work environment.
Hostile or hooey?
Consider these examples from Eugene Volokh, a UCLA law professor who has written on harassment law:
- A New York judge said gender-based job titles such as "foreman" and "draftsman" are discriminatory ...(register to read more)
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- $108,000 OSHA penalty for manufacturing company
- Keeping your job after a buyout
- Be prepared to show business necessity if hiring rule excludes members of protected class
- How many employees make a 'Group' for OWBPA purposes?