HR Article Link+ Transsexuality now covered: In August 2006, Westchester County Judge Lefkowitz held that the New York state Human Rights Law covers transsexuality, not only gender. Hence, co-workers' "teasing" comments about Jerry's transsexual status may be illegal harassment.
+ Broader definition of retaliation: This summer, the U.S. Supreme Court defined prohibited employer retaliation as any "materially adverse" employment action that "might have dissuaded a reasonable worker" from complaining about discrimination or harassment. Thus, employer liability for retaliation may result from action far short of actual firing -- an unfavorable evaluation, an unwelcome schedule change, or even, as happened to Jerry, unwanted reassignment which resulted in a burden, financial or otherwise, to the employee.
Do not find yourself in the extremely costly shoes which FedEx Ground wore this summer. In June 2006, a California jury awarded two employees of Lebanese national origin $61 million. The proven allegations? FedEx Ground had failed to train its staff on discrimination and allowed a manager to taunt the two employees as "sand jockeys" and "terrorists." How to avoid this predicament? Train, train, train.
