Four female executives with the Pittsburgh-area YMCA are suing the nonprofit, claiming they are paid less than their male counterparts and in some cases, even less than their subordinates. The four all say the pay inequities are due to gender, and one contends race bias is a factor.
Many employers have handbooks that tell employees they must immediately report any alleged harassment or discrimination. But reporting requirements alone isn’t enough. Employers must police workplaces for harassing or bigoted materials, and act immediately if they find anything.
When an employee can’t find an attorney to take up her case, she may resort to filing a lawsuit herself. Her complaint won’t be professional and may be short on logic. That doesn’t mean you should ignore it.
Generally, employers shouldn’t react to anything an employee says during an EEOC hearing. That’s because you don’t want to face a retaliation complaint for participating in the hearing. However, there are practical limits to what employers have to tolerate.
An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.
Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.
Here’s an important reminder for all supervisors: Innocent age-related comments can come back to haunt you. That’s especially true if the comments come from someone who has a direct say in hiring and firing decisions.
Recently, the National Labor Relations Board held that class-action waivers violate employees’ rights to engage in concerted activity. In D.R. Horton, the NLRB said that employers may not compel employees to waive their NLRA rights to collectively pursue litigation of employment claims in all forums, arbitral and judicial. What does that mean for employers?
Two recent settlements make what should be an obvious point: You can’t misappropriate employees’ retirement money and expect to get away with it. Cases in West Chester and Bethlehem show that the feds will come looking for you, and make you pay it back.