HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]
Age discrimination often happens inadvertently. After all, most of us don’t set out to intentionally exclude older workers. We can rationally recognize that older workers are just as valuable as any other worker, and may often bring years (even decades) of experience and knowledge. Yet, age discrimination—both intentional and unintentional—still happens frequently during the recruiting […]
A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment.
At the end of September, the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin), outlined—for the first time—the test for analyzing disability-based interference claims under the Rehabilitation Act and the Americans with Disabilities Act (ADA).
The Dallas office of the Equal Employment Opportunity Commission (EEOC) recently sued a local TV station for age discrimination. The station’s on-air traffic reporter who circled over Dallas-Fort Worth (DFW) traffic resigned, and a replacement needed to be found. The replacement, a 24-year-old, was allegedly unqualified for the position. The EEOC claims that a very […]
An employee continues to make mistakes that cost the company money. You meet with her and place her on a performance improvement plan (PIP). After the 60-day PIP period ends, you conclude that her performance did not improve adequately and terminate her employment.
A federal court in Rhode Island recently rejected a sergeant’s claim that the Providence Police Department’s (PPD) failure to promote him to lieutenant was illegally based on disability discrimination. The court found the employment decision was based in part on the chief of police’s conclusion that the sergeant was undeserving of the promotion and wasn’t […]
Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law.
Earlier this year, an Ohio federal district court ruled that when an employee reveals a disability and requests an accommodation only after it becomes clear that his termination is imminent, the disclosure and accommodation request can be “too little, too late” to save him from being fired.
There’s no shortage of reminders these days that harassment is still a major issue for employers. And it’s particularly challenging, as we’ve seen all too often lately in the news, when an executive is a harasser or a company culture implicitly condones or perpetuates sexual harassment or a hostile work environment. So, what can HR […]