Discrimination and Harassment

Audits of Minnesota contractors with affirmative action plans or equal pay certificates are on the rise.
In Minnesota, no department or agency of the state can accept any bid or proposal on a contract or agreement for goods and services in excess of $100,000 from any business having more than 40 full-time employees, unless the

On the heels of ISIL-related terrorist acts in Paris, San Bernardino and elsewhere at the end of 2015, the Equal Employment Opportunity Commission (EEOC) recently issued a statement and guidance regarding discrimination against those who are, or appear to be, Muslim or Middle Eastern.
In part, the EEOC Chair Jenny R. Yang stated: “America was

While once saddled with a significant backload of cases, in 2015 the Minnesota Department of Human Rights (MDHR) continued its pattern of increased case investigations and file closures.
According to statistics posted by the MDHR on December 31, 2015, the inventory of open cases has been reduced form 842 cases in September 2012 to only

No – in a recent case, the Fourth Circuit Court of Appeals held that the Faragher-Ellerth defense barred an employee’s hostile environment claim based on unreported, explicit text messages with her supervisor.
In McKinnish v. Brennan, the employee exchanged sexually explicit text messages, photos, and videos with her supervisor over a ten-month period. No.

No – the Tenth Circuit Court of Appeals recently affirmed summary judgment against an employee’s sexual harassment claim even though his supervisor required him to wear a speedo and touched his butt.
In McElroy v. American Family Insurance, the plaintiff worked as a sales manager for an insurance company. No. 14-4134 (10th Cir. Oct.

The average cost of defense and settlement of an employee charge of discrimination is $125,000, according to a recent study by insurance provider Hiscox. The study focused on 446 claims reported by small and medium-sized businesses with fewer than 500 employees. Here are some of the key highlights from the study:

  • The average duration of

So, you’ve just received a charge of discrimination from the Equal Employment Opportunity Commission or a state agency, like the Minnesota Department of Human Rights? Now what?
Here are five steps an employer should take after receiving a charge of discrimination:

  1. Gather Relevant Documents: One of the primary sources of evidence to defend against employment

On occasion, an aggrieved employee of a subsidiary may seek to assert claims not only against their employer, but also against related entities including the parent company.  The Minnesota Federal District Court recently reviewed, and dismissed, such a claim in Sasorith v. Detector Electronics Corporation, Civ. No. 14-5045 (D. Minn. July 22, 2015).

No – the Eighth Circuit Court of Appeals recently rejected a plaintiff’s argument that his supervisor’s use of the terms “historically” and “old school” constituted direct evidence of age discrimination.
In Wagner v. Gallup, Inc., the plaintiff sued for age discrimination after his employer terminated his employment. No. 14-2746 (8th Cir. June 12, 2015).