A female employee wasn’t discriminated against for receiving less compensation than her male coworkers when she voluntarily chose to complete tasks that weren’t required of her, according to the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Nebraska employers), upholding a Nebraska federal district court decision. Facts Barbara Perry, a former employee […]
The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) affirmed summary judgment (dismissal without a trial) in favor of an employer and held claims filed under the Age Discrimination in Employment Act (ADEA) must continue to be judged using a “but-for” standard.
An October 2020 Forbes.com article on harassment in the work-from-home world identified eight “red flag” signs of misconduct. “Just like the working environment has changed to a home-based environment, so has workplace harassment,” the article observed, warning “workplace harassment that follows [employees] into their homes can have devastating impacts on their mental well-being, as well […]
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.