Most people know overtly sexual comments are likely to violate their employer’s rules and could lead to sexual harassment claims. But many don’t understand the comments are a problem not just because they’re sexual. That’s because the sexual content can be used as evidence to show other nonsexual negative treatment was motivated by discriminatory intent. […]
The U.S. 7th Circuit Court of Appeals—which covers employers in Illinois, Indiana, and Wisconsin—recently heard a claim in which a Chicago janitor says he was passed up for a promotion due to his age. However, the employer says it was because he failed to pass the exams required for the promotion. Does the janitor have […]
The U.S. Department of Education recently updated its regulations to Title IX of the Education Amendments Act of 1972 for the first time in many years. The final regulations, which require covered institutions to significantly change the way they respond to sexual harassment and misconduct allegations, were subsequently challenged in court by attorneys general (AGs) […]
While employers are understandably concerned about disparate treatment claims, the courts have become increasingly demanding in what they require from employees to establish the employer actually treated them differently enough to support the finding of a prohibited animus.
To be a better leader, you need to uncover and challenge hidden assumptions. But identifying them is not easy. That’s because the more you know about your business, industry, function, spouse, family, and friends, the more assumptions you make.
Evaluating sexual harassment claims almost always requires weighing conflicting evidence and making credibility determinations. In such situations, whoever is evaluating the claim—whether a court or an HR manager—must thoroughly examine all relevant evidence to determine whether the allegedly harassing conduct occurred and whether the conduct constitutes actual harassment because of sex or something else. Those […]
The 6th Circuit recently focused on comments made by an employee’s former supervisor shortly before her termination, including ageist name-calling and comments about her retirement. The court held she produced sufficient evidence of discrimination to bring her case to trial.
More than a year ago, the U.S. Department of Education (DOE) released its proposal for improving schools’ responses to sexual harassment and sexual assaults.
A recent decision by the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—highlights that an employer can be sued for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on statements by managerial employees that reflect a bias against taking leave for military service, even though the […]
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because of their disabilities. A covered disability is a physical or mental impairment that substantially limits a major life activity. That protection also extends to employees who are simply “regarded as” having a disability.