The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has dodged deciding whether a subordinate’s bias can be imputed to the employer.
Sometimes, new bosses crack the whip harder than the previous supervisor did—and hand out harsher performance appraisals, too. But absent specific evidence to the...
Employers that set pay based on past salaries are just as guilty of sex discrimination as those past employers who set a discriminatory rate of pay in the first place.
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she...
Employment lawyers say the first six months of the #MeToo movement hasn’t led to a tsunami of workplace harassment claims by employees—at least not yet. One big...
A federal jury hearing a discrimination lawsuit filed against the University of Minnesota Duluth has awarded $3.7 million to Shannon Miller, the university’s former...
Employers have an obligation to investigate and come up with an effective way to stop harassment and prevent it from happening again. However, that doesn’t mean the...
No matter how trivial you might consider discrimination or harassment charges leveled by your employees, never, ever ignore an EEOC complaint. It could wind up costing...
If you find you have to pay more to fill open positions than incumbent employees are currently making, be ready with a good explanation for why new hires command bigger...
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.
A federal court hearing an anti-gay discrimination case in Texas has avoided ruling on whether sexual orientation discrimination is sex discrimination under Title VII....
Employee assistance programs can be useful for workers facing stress or other challenges. EAP counseling is supposed to be confidential, which means that, except under...
In court documents related to the state of New York’s sexual harassment lawsuit against the Weinstein Company, Attorney General Eric Schneiderman leveled blistering...
Deciding not to investigate can backfire badly. Not only could your organization miss an opportunity to right a wrong, but the decision not to investigate may itself be...
If your organization has been served with a discrimination lawsuit, one of the first steps you should take is to check any paperwork from the EEOC or other...
A school counselor who sued because she thought discrimination had cost her a promotion has lost her appeal. Being turned down wasn’t an adverse employment action. And...
When an organization transitions from a start-up to something bigger, company needs are bound to change. A stellar performer may be left behind. That could trigger a...
Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate...