Discrimination and Harassment

The Minnesota Legislature is considering two bills related to the standard for sexual harassment claims under the Minnesota Human Rights Act (MHRA).
On March 21, the Minnesota House passed H.F. 10, which seeks to change the definition of “sexual harassment” under the MHRA. The proposed language provides that conduct need not be “severe or pervasive”

The Minnesota Legislature has been considering H.F. 4459, “a bill for an act clarifying the definition of sexual harassment” under the Minnesota Human Rights Act (MHRA). The bill would amend Minn. Stat. § 363A.03, subd. 43, which defines sexual harassment in employment, education, housing, and public service contexts.
Currently, Minnesota courts require that sexual harassment

Given the length of discrimination litigation and the sometimes shortness of life, the following question can arise: Will an employment discrimination claim go on if the person bringing the claim dies while the claim is pending? A recent federal case for the circuit governing Minnesota employers addressed this question as to Americans With Disabilities Act

A distinguishing characteristic of employment discrimination claims in their short statute of limitations – for Minnesota Human Rights Act claims the statute is only 12 months. Defamation claims are two years and tort and breach of contract claims are six years, so a one year limitation period is very favorable to employers. Doubtless, the Minnesota

An applicant’s wage history is often a factor employers consider in making hiring decisions. In fact, it is not uncommon for an employment application to ask how much a candidate made at their previous positions.  Various good faith reasons may support this question.  For example, how much an applicant was paid may indicate, beyond job

No – the U.S. Supreme Court recently held that a defendant need not obtain a favorable ruling on the merits to recover attorneys’ fees under Title VII.
Title VII provides that district court has discretion to award a “prevailing party” reasonable attorneys’ fees and costs in litigation arising under the statute.  42 U.S.C. §

Yesterday, former Fox News TV host, Gretchen Carlson, filed a sexual harassment lawsuit against Roger Ailes, the CEO of Fox News.  The allegations in the lawsuit serve as a roadmap of the kinds of behavior to avoid in the workplace.  Here are five lessons about what not to do in the workplace that can be

The federal Equal Employment Opportunity Commission (EEOC) has implemented a new Online Charge Status System for use by charging parties and charge respondents.  This new system is only available regarding charges filed on or after September 2, 2015.  This online tool is not available for charges filed with state or local fair employment practices agencies.

On February 1, 2016, the Equal Employment Opportunity Commission (EEOC) published a notice regarding a proposed revision of the Employer Information Report, otherwise known as the EEO-1 Report.  The proposed revision would result in employer submission of workforce compensation data.  According to the EEOC, this access to pay data would allow the agency to identify