Discrimination Harassment

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
News & Analysis as of

Hoosier Daddy? Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

3 Reasons Why Tech Startups Struggle with Discrimination and Harassment Training (And 5 Effortless Ways to Protect Your Startup)

I get it – snooze-worthy, old-fashioned harassment and discrimination training isn’t in line with the vibe you’re trying to create at your hip tech startup. You want to be laid back, cut out all the corporate bull$&^*, build...more

New Jersey Court Upholds Use of Job Application to Shorten Statute of Limitations for Employment Claims

According to a recent decision from New Jersey’s intermediate appellate court, employers in New Jersey can now reduce the statute of limitations for employment claims by adding the appropriate language to their job...more

Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know [Video]

We've all heard of schoolyard bullying, but employers need to be aware of possibility of workplace bullying and how it can impact the employer’s business. When an employee, or employee group, singles out another employee for...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

A Tale of Two Jurisdictions: Human Rights Laws in New York City and Tennessee Head in Opposite Directions

Sitting here in the Big Apple, the thought of the New York City Council voting to narrow the reach of the New York City Human Rights Law seems roughly equivalent to the thought of a Game of Thrones episode without any...more

The Terrifying Reason Why Today’s Harassment and Discrimination Training Isn’t Enough

Nobody wants to think of their workplace as unsafe. As an employer, you have a vested interest in keeping your employees (not to mention yourself) as well as your company safe. Harassment and discrimination training is...more

Two May Be Company, But Two Racial Slurs in Two Days is Not Enough for a Hostile Work Environment Claim

Often an employer is forced to defend a lawsuit filed by an employee complaining that he or she was subjected to a hostile work environment based on slurs. Title VII of the Civil Rights Act of 1964 makes it unlawful for...more

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 31: Discrimination Claims are Arbitrable

Arbitration agreements are a common feature of employment relationships today, widely used as a tool for avoiding jury trials of discrimination, harassment and other employment-related disputes. But before 1991, when the...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 27: Discrimination and Harassment Policies...

Before Title VII, employee handbooks were rare and, if they existed, they were small pamphlets explaining intra-office procedures. It wasn’t until the proliferation of lawsuits under Title VII that employers began to craft...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 26: Individuals Cannot Be Liable For Title...

There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct reports, but the one which resonates the most is the potential that the employee can be found...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 21: From The Courts To Pop Culture —...

It is tough to determine the precise moment that sexual harassment went from something that Hollywood “did” (the ubiquitous “casting couch”) to something that Hollywood exploited as story-line. But over the five decades of...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 15: Affirmative Action For Federal...

Within months of signing Title VII into law, President Lyndon B. Johnson signed Executive Order 11246 on September 24, 1965, establishing requirements for ensuring non-discriminatory practices on four grounds (race, color,...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 11: Workplace Investigations and the Good...

Allegations of employee misconduct – particularly as they relate to claims of discrimination and harassment – have been raised in the workplace ever since the Civil Rights Act was passed. But human resource executives were...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 10: Harassment Training Becomes The Norm

In 2005, when first responders arrived in New Orleans to help victims of Hurricane Katrina, they did not hit the ground running. Some of that was attributed to mismanagement and other bureaucratic delays, but one fact was...more

Panel Discussion: Investigations and Employee Discipline

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

Harassment-free workplace: Potential harassers not limited to employees

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

Tenth Circuit Says Female Employee Who "Butted Heads" With Management Was Fired Based on Gender Stereotype

Title VII prohibits a number of different forms of sex discrimination in employment. Gender stereotyping claims have been a growing source of litigation, where plaintiffs allege that they were disciplined or terminated due to...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 3: In 1986, The Supreme Court Recognizes...

It’s hard to imagine now, but from 1964 to 1986, “sexual harassment” as it is known today did not exist. That all changed when the Supreme Court issued its landmark decision in Meritor Savings Bank v. Vinson. It was that...more

New York City Amends Its Human Rights Law to Extend Protection to Interns

On April 15, 2014, New York City Mayor Bill De Blasio signed into law an amendment to the New York City Human Rights Law (“NYCHRL”) extending the protections from discrimination and harassment contained in the NYCHRL to both...more

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