Tag Archives: discrimination

New York City to Employers: No More Credit Checks!

Last week, New York City Mayor Bill DeBlasio signed into law a bill that expands the New York City Human Rights Law and makes it an unlawful discriminatory practice for employers to request or use consumer credit history for employment purposes or otherwise discriminate against an applicant or employee based on their consumer credit history. … Continue Reading

Offensive tattoos in the UK workplace? Come on, be reasonable

I am quite confident that a great many of us have considered the possibility of getting a tattoo.  It may have been during the heady days of youth and only a fleeting fantasy, but a consideration nonetheless.  I will freely admit toying with the idea right up to the moment I realised that ‘inking’ myself … Continue Reading

UK Employment Tribunal awards £3.2m to woman called “Crazy Miss Cokehead” by colleagues

The woman who was called “Crazy Miss Cokehead” by her manager has been awarded nearly £3.2m by an Employment Tribunal for sexual harassment, reportedly including £44,000 for injury to feelings and a further £15,000 in aggravated damages. We originally posted a blog on this story in November 2013 https://www.employmentlawworldview.com/crazy-miss-cokehead-when-banter-goes-too-far/.  Following the liability hearing, the Tribunal … Continue Reading

EEOC Internal Memo Reveals LGBT Discrimination Remains Enforcement Priority

On February 3, 2015, the EEOC’s Director of the Office of Field Programs issued a memorandum to the agency’s district directors regarding the handling of LGBT-related discrimination claims. Although Title VII does not explicitly prohibit discrimination on the basis of an employee’s identification as gay, lesbian, bisexual or transgender, the memorandum states that the EEOC … Continue Reading

“Nine rudest things that interviewers do to job seekers”, sort of

For those looking to inject a bit of spice into 2015’s recruitment programme, and courtesy of financial news website, Hereisthecity.com [link], we present “The nine rudest things that interviewers do to job seekers”. This is on closer review a rather limp selection, not close to the sort of ritual humiliation seen https://www.employmentlawworldview.com/napoleon-walks-hr-tightrope-in-uk-call-centre/ or the breathtakingly … Continue Reading

Attention California Employers! Required Training for Supervisors Must Now Include an “Abusive Conduct” Component

California law currently requires that most employers provide sexual harassment prevention training to supervisory employees every two years.  In light of the attention being given to incidents of “workplace bullying,” California has now passed a law (AB 2053) amending Government Code section 12950.1 to require training on the prevention of “abusive conduct” as a component of … Continue Reading

A blog of two halves – can Rooney tackle discrimination in UK football management?

The issue of discrimination in professional football has again come to the fore through public statements by Fifa Vice President Jeffrey Webb in The Guardian newspaper that such discrimination is “overt”. This time attention turns to the under-representation of ethnic minority managers in the English football leagues. In particular, the talk has focussed on the … Continue Reading

Taxing times for UK discrimination claimant

The recent Tax tribunal case of Moorthy v HMRC considered the well-known Section 401 ITEPA 2003 which, together with Section 403, makes taxable payments over £30,000 which are directly or indirectly in consideration of the termination of employment.  It also looked at the rules allowing compensation for injury to feelings caused by unlawful discrimination to … Continue Reading

Stress-induced racism – really?

When George Orwell wrote perhaps his best-known book, 1984 was still thirty-five years in the future and thoughtcrime merely a dramatic device to highlight the prospective horrors of a society which would punish for what you thought as quickly as for what you did.  Now 1984 is thirty years in the past, and thoughtcrime surely … Continue Reading

EEOC Issues New Guidance Expanding Pregnancy Discrimination Protections for US Employees

As the number of pregnancy discrimination lawsuits has increased, the Equal Employment Opportunity Commission (“EEOC”), for the first time in over thirty years, issued a comprehensive guidance update on pregnancy discrimination last month.  The EEOC’s guidance serves to clarify its position on a wide range of topics related to pregnancy discrimination as enforced under the … Continue Reading

Navy affair rocks the boat – but is the response sexist?

It was reported recently that the Royal Navy’s first female warship commander has been relieved of her post following allegations of an affair with an officer under her command (a comment on their working hierarchy rather than any judgment on their alleged romantic relationship, I should make clear).   Sarah West is undoubtedly an important figure … Continue Reading

Employers beware: Appeal Court heralds significant jump in sexual harassment damages in Australia

Australian employers have been given a clear warning that damages for sexual harassment are likely to be much higher in future.    In October 2013 we wrote about a Ms Richardson who won her sexual harassment claim against her employer and was awarded $18,000 in general damages, being damages for non-economic loss such as pain and … Continue Reading

US President Obama Signs Executive Order Banning Discrimination Against LGBT Federal Employees and Contractors

Fulfilling a 2008 campaign promise, on July 21, 2014, President Barack Obama signed an Executive Order banning workplace discrimination against millions of lesbian, gay, bisexual and transgender employees of the federal government , as well as federal contractors and sub-contractors providing services to the federal government. The Executive Order makes it illegal to fire or … Continue Reading

Age shall not weary him – Seldon age discrimination claim marches on

Back in June 2013 I reported, in hindsight somewhat optimistically, the “last knockings” of the saga formerly known as Seldon – v – Clarkson Wright & Jakes https://www.employmentlawworldview.com/miss-collegiality-invalid-justification-in-uk-age-discrimination-claims/.  This is the age discrimination claim by a law firm partner obliged to retire at 65, first brought in 2007 and finally killed off, we had thought, … Continue Reading

Contradictory Acas guidance mars introduction of new UK flexible working regime

Braced for Monday?  D-Day on the new Flexible Working rules has finally arrived, and with it, some new questions for employers.   Whether or not you expect waves of new flexible working applicants storming up your company’s beaches first thing on Monday morning may depend on the nature of your business. A CIPD survey in 2012 … Continue Reading

“Womenomics” – harnessing the power of Japan’s most under-utilised natural resource

Gender is a hot topic in the business world at the moment – and nowhere more so than in Japan.     Back in January, Prime Minister Abe gave a special address at Davos in which he announced his intention to make Japan “a place where women shine.”    This week, he announced his Growth Strategy setting out … Continue Reading

Merit is blind

Following on from a series of seminars we delivered in June about how to manage recruitment effectively, I read an interesting piece by Gillian Tett in the FT last week – “A pride that still dare not speak its name in business” (FT, Comments & Analysis, 20 June 2014).  Tett highlights how executives still feel … Continue Reading

Brevity not the soul of wit for new Acas Code on Flexible Working

Acas has now issued its draft Code of Practice on “Handling requests in a reasonable manner to work flexibly” (sic).  This anticipates the coming into force on 30 June this year of a general eligibility to request flexible working and the replacement of the old rigid procedures with a blanket obligation on the employer to … Continue Reading

Is Telecommuting a Reasonable Accommodation for a Disability in the US?

In the US, under the Americans with Disabilities Act (ADA) employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship.  Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance.    However, last week, the Sixth Circuit … Continue Reading

Mock the weak(er sex)?

In a recent Radio Times interview Dara O’Briain, presenter of UK comedy quiz Mock the Week has hit back at BBC Director of Television Danny Cohen’s decision to require all such panel shows to feature at least one female comedian. While he obviously agrees that women should be involved in these programmes, said Mr Briain, … Continue Reading
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