Category Archives: Discrimination & Harassment

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Religious Discrimination: Gone Today, Hair Tomorrow

Ver la versión en español aquí As an update to this post from April, New York recently became the second state to prohibit race discrimination based on hair bias. The bill, signed into law on July 12: Prohibits race discrimination based on natural hair or hairstyles; defines “race” for certain specific purposes to include, but … Continue Reading

Grooming Standards: No Longer So “Hair-Larious”

Ver la versión en español aquí After seeing several players’ hair covering their jersey numbers during a performance of the Star Spangled Banner, former New York Yankees’ owner, George Steinbrenner, instructed the players to cut their hair. It was then, in 1973, that the New York Yankees’ grooming policy was born.  The official team policy … Continue Reading

Dave & Buster’s Settlement – Busted! But Not So Fast….

Ver la versión en español aquí The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York … Continue Reading

Tips For Having a (Hopefully) Happy Office Holiday Party

With the New Year right around the corner, office holiday parties are in full swing. While many enjoy celebrating the season, these festivities can sometimes turn into an HR disaster. To help ensure your celebrations are jolly, check out my tips on planning a fun, festive and inclusive holiday party here. Wishing you all a safe, happy … Continue Reading

Employers Need To Deny This Employee Request: “Please Don’t Tell Anyone, But My Supervisor . . .”

Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution.  … Continue Reading

Is Your Office Halloween Party Frightening The HR Department?

Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho.   I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading

You Fire Your HR Manager for Encouraging Employees to Sue. No Problem, right? Think Again.

Ver la versión en español aquí Imagine this. You hire an HR manager to investigate and resolve internal employee complaints.  You later learn that instead of doing her job, the HR manager is encouraging employees to file Charges of Discrimination and even referring employees to “her” lawyer.  During this time period, the HR manager also … Continue Reading

“You’re Too Experienced” – Age Discrimination?

Ver la versión en español aquí In January 2015, the Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in Miami, Florida, against Seasons 52, a national restaurant chain.  The EEOC alleged Seasons 52 discriminated against older job applicants at 35 of its restaurants nationwide. During the litigation, the EEOC presented testimony from over 135 … Continue Reading

Top Takeaways from Our 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading

Retaliation Claims: Shield, Sword, or Both?

Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination.  In third place: disability discrimination. Employers should expect … Continue Reading

REGISTRATION OPEN! 28th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Please join us for our 28th Annual Labor & Employment Law Seminar Friday, April 27th from 8am-4pm at the JW Marriott Marquis Miami. Our annual seminar draws hundreds of human resource professionals, in-house counsel and senior executives from South Florida’s top businesses. And for good reason! No one does events quite … Continue Reading

#MeToo Movement Motivating State AGs to Seek Changes in Federal Law

Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims.  They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading

Does Sexual Harassment Training Work?

Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading

Tax Reform: Confidential Sexual Harassment Settlements Come With a Price

Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements.  The new tax act follows suit by including a provision … Continue Reading

Happy Holidays, or Is It? Steering Clear of Religious Discrimination and Other Landmines During the Holidays!

Ver la versión en español aquí It’s that time of year again. The holidays are wonderful, but can produce some dicey situations for your HR Department. The holidays mean a lot of things to different people: whether it’s playing dreidel, decorating a Christmas tree, or doing nothing at all. Employers need to be mindful of … Continue Reading

Headline News! HR Tips to Curb Harassment and Discrimination

Ver la versión en español aquí While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase daily), the issue is most assuredly not limited to those in the public eye.  All employers are wise to use … Continue Reading

Halloween is a Scary Time for Employers

Ver la versión en español aquí I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are … Continue Reading

What’s the Effect of the Sessions’ Memo on Transgender Discrimination?

Ver la versión en español aquí On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per … Continue Reading
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