Monthly Archives: April 2016

“Let’s Talk,” Managers and Transgender Workers

Blog2FA man (or woman) may begin working for an employer as a male and then begin transiting to a female several weeks into the job. How should an employer handle this apparent change to avoid possible liabilities? Answer; to start, have a “sit down” with the employee to better understand the apparent changes and possible job adjustments the employee might require. The employer who ignores apparent signs of transition might be creating liabilities, especially considering that transgender issues are one of the EEOC’s top enforcement priorities.

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Retaliation: The Champ

Retaliation: The Champ
Retaliation: The Champ

If we gave out rings for the most successful type of discrimination claim, then retaliation would be the Tom Brady of all claims.  According to the EEOC, retaliation is the most frequently alleged basis of discrimination (44.5 percent of 89,385 EEO complaints filed in 2015). According to the EEOC, the “number of discrimination findings based on retaliation has outpaced other bases of discrimination.”  The EEOC has proposed changes to its retaliation guidance to include a “convincing mosaic” of circumstantial evidence to establish causal connection. This simply means that it will probably be even easier for an employee to prevail on a retaliation claim. Avoiding or successfully managing a reprisal claim requires a different approach.

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New EEOC Charge Process, No Big Deal!

Blog_1FThe EEOC implemented its new “…nationwide charge process procedures that provide for the release of the Respondent’s position statements and also non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination…”  This is a good thing only if you know how to successfully navigate the administrative Charge process.

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