Tag: Bottom Line

National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

EEOC Makes Case for Obesity Discrimination

By Timothy M. Barber The Equal Employment Opportunity Commission (EEOC) recently sued an employer in New Orleans, Louisiana, claiming it violated the Americans with Disabilities Act (ADA) by firing a woman because she was obese. In the past, an employee’s obesity didn’t constitute a “disability” within the meaning of the ADA. However, in light of […]

Asian Harassment Based on African American Racial Slurs

The New Jersey Division on Civil Rights (DCR) recently issued a probable-cause finding against an employer and its owner. The owner admittedly used the “n” word in the presence of an Asian employee who has a biracial child and a black fiance. Facts In February 2008, Shi-Juan Lin started working as a bookkeeper and secretary […]

A How-To List for Building a Culture of Respect

By Susan W. Kline Experienced HR professionals know that, generally speaking, an employee has no viable claim for sexual harassment unless her workplace has become “hellish.” Nonetheless, savvy employers will take action long before offensive behavior adds up to an actionable claim of sexual (or racial or religious) harassment. By focusing on inappropriate behavior and […]

Male-Male Sexual Harassment Claims on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual  harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]

Outed Vets Get Benefits for California Domestic Partners

By Jennifer Barrera The Commission on the Status of Women is a state agency founded in 1965 to study issues affecting women and to advise the California Legislature and state agencies on inequities in laws, practices, and conditions that affect women. The commission asked the California attorney general to respond to two inquiries regarding the […]

“English-Only” Lessons from a Taos Motel

Employment law attorney Robert P. Tinnin, Jr. tackles the tough question of whether an employer can implement an”English-only” policy. Q A couple moved to Taos, New Mexico, from Abilene, Texas, last summer and purchased a deteriorating old motel, hoping to rehab it as they’ve done with several other properties. According to news stories, the husband, […]

EEOC Sues Over Use of Credit Checks, Criminal Histories

The Equal Employment Opportunity Commission (EEOC) has filed a complaint in the U.S. district court in Maryland against Freeman Companies, a Dallas-based corporate event-planning company. The EEOC claims that Freeman’s use of credit histories and criminal background checks discriminates against black, Hispanic, and male job applicants in violation of Title VII of the Civil Rights […]

Supreme Court Makes Pivotal ADEA Decision

By Natalie Ramsey In a 5-4 decision, the U.S. Supreme Court recently rejected the mixed-motive framework for disparate treatment claims filed under the Age Discrimination in Employment Act (ADEA). In reaching this pivotal decision, the Court made it clear that the analysis for age discrimination isn’t subject to the one-size-fits-all mixed-motive analysis applied in Title […]