Disability bias verdict provides 4.5M reasons to check your policies

June 18, 2017 0 COMMENTS

by Jeffrey D. Slanker

A recent case from Central Florida highlights the importance of maintaining and properly implementing updated and compliant equal employment opportunity and antidiscrimination policies. The case involved disability discrimination claims, and a jury ultimately found in favor of the employee and rendered a $4.5 million verdict. The case is a reminder of the importance of complying with employment discrimination laws and the need to take extra caution when determining whether a termination is justified. Manager Giving Performance Review

Facts

read more…

‘No good deed’ for Microsoft, others in the high-tech sector

September 18, 2016 0 COMMENTS

by Leslie E. Silverman

There is a common refrain uttered by management lawyers, “No good deed goes unpunished.” Yes, it is cynical, but as employers in the high-tech sector are beginning to discover, it is often true. Currently, Microsoft is dealing with issues as a result of well-intended diversity and corporate social responsibility efforts.  Indianapolis - May 2016: Microsoft Midwest District Headquarters I

Social responsibility initiative backfires

read more…

Here come the feds! POTUS, DOJ, DOL, and EEOC weigh in on LGBT issues

May 17, 2015 0 COMMENTS

by Geoffrey D. Rieder

Significant expansion of the antidiscrimination protections afforded to members of the LGBT community was accomplished in 2014 through executive action by President Barack Obama, the U.S. Department of Labor (DOL), and the attorney general (AG). The push for more protection of LGBT employees culminated in two lawsuits in which the Equal Employment Opportunity Commission (EEOC) challenged the layoff and termination of employees undergoing gender transition procedures. The EEOC’s litigation posture, bolstered by executive action, suggests that employers should anticipate increased enforcement activity in this unsettled area.  Pride flag at city hall

Title VII of the Civil Rights Act of 1964 has always prohibited discrimination, harassment, and retaliation “because of sex” and “on the basis of sex.” Some states have adopted statutes that broaden that concept to include not only “sex” but also “sexual orientation [and] gender identity.” Although Title VII doesn’t explicitly prohibit sexual orientation or gender identity discrimination, the EEOC has now taken the position that discrimination based on gender identity (specifically, a “change in gender”) is discrimination “based on sex.” Similar pronouncements are found in the EEOC’s “Strategic Enforcement Plan, FY 2013-2016,” issued on December 17, 2012. However, many federal courts around the country have ruled that the language of Title VII doesn’t extend to the issues encompassed by the new executive actions.

read more…