Discrimination

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

Yes, employers, you can win a transgender discrimination suit

A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination...more

Federal Contractors Beware – Part 5

On September 15, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule prohibiting federal contractors and subcontractors from discriminating against an employee or applicant who discusses,...more

New Mandates For California Businesses

Next summer California employers will have to provide paid sick leave to most employees under a bill (A.B. 1522) signed last week by Democratic Governor Jerry Brown. The new law makes California the second state in the...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

Bruce Levenson Takeaways, Plus 5 History Lessons To Add “Oomph” To Your Business Ethics Training

It’s amazing to me that we’ve made it to 2014 and we’re still hearing widespread reports of racism and race-based harassment and discrimination. In 2013, the EEOC received 8,519 race-based harassment and discrimination...more

OFCCP Releases Proposed Rule Prohibiting Adverse Action Against Employees and Applicants Discussing Pay

On September 15, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released its Notice of Proposed Rulemaking (“Proposed Rule”) implementing President Obama’s Executive Order 13665 (“EO 13665”) banning...more

Inside or Outside? How to Best Perform Your Company’s Social Media Background Check

No employer wants its employee’s bad behavior at work to become the next viral video. So it is not surprising that more employers have started using social media in the hiring process to screen out candidates who post...more

New EEOC Report Identifies Common Errors by Federal Agencies in Dismissing Discrimination Complaints on Procedural Grounds

One-Third of Agency Dismissals Are Reversed and Remanded by EEOC - WASHINGTON - As part of its continuing efforts to improve the federal sector complaint process, the U.S. Equal Employment Opportunity Commission (EEOC)...more

LIHTC discrimination suit filed against federal government

A lawsuit was recently filed alleging that the U.S. Department of Treasury (Treasury) and Office of Comptroller of the Currency (OCC) perpetuated racial segregation in the City of Dallas in their administration of the Low...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

A Strange Case of Sexual Harassment

In a lawsuit currently pending in the Superior Court, an employee is accusing her supervisor of...more

Treasury Department and OCC Sued for Discriminatory Conduct in LIHTC Program

A lawsuit was recently filed alleging that the U.S. Department of Treasury (Treasury) and Office of Comptroller of the Currency (OCC) perpetuated racial segregation in the City of Dallas in their administration of the Low...more

Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case

Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

Are You Ready for the New Holacracy? Update on Social Media and the Hiring Process

The innovative folks at Zappos have eschewed the traditional job application/interview/job offer process for a social-media-driven process on a Zappos platform. While very up-to-date, does this push the envelope to the point...more

Grandmothers Of The World Unite To Create Congress’ Discrimination And Harassment Training

You think I’m joking? I’m not joking. Have you heard about the harassment and discrimination that Senator Kirsten Gillibrand (D-NY) has been subjected to by fellow members of the Senate? While working out at the...more

How Should an Employer Respond to an Employee’s False EEOC Charge?

Some employers have the urge to immediately terminate an employee who has made an unfounded discrimination complaint. In other situations, an employer may gather more information but decide not to discipline. ...more

New York AG Sues Bank for Alleged Redlining

On September 2, the NY AG sued a regional bank claiming the bank engaged in unlawful discriminatory practices by intentionally avoiding offering mortgage loan products to predominately African-American neighborhoods in...more

EEOC Disability Case Against Sony to Proceed, Federal Judge Orders

Judge Also Refuses to Admit Evidence Sony Collected in Violation of HIPAA - CHICAGO - U.S. District Judge James B. Zagel of the Northern District of Illinois has issued an order denying a motion by Sony for a pre-trial...more

Judge Approves $2.4 Million EEOC Settlement with Four Hawaii Farms for over 500 Thai Farmworkers

Laborers Kept in Debt Bondage, Housed in Unsanitary Facilities, Threatened, and Denied Adequate Food and Water, Federal Agency Charged - LOS ANGELES - U.S. District Judge Leslie E. Kobayashi in Hawaii has approved...more

Discrimination and Harassment Training A Necessity In Male Dominated Industries

If you have ever seen Parks and Recreation, a TV show featuring a cast of funny all-stars such as Amy Poehler and Rashida Jones, then you might be familiar with one episode where Leslie Knope (Poehler) decides it’s time to...more

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