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Employment Law

Change your passwords—again

’Tis hacking season, but it’s always hacking season now. You can repeat password mantras until you’re blue in the face—don’t use the same ones, change them regularly—but employees will use the same ones and won’t change them regularly, because they’re human. Allow employees to choose their passwords, with clear guidance.

Who needs a drink? The EEOC is devout about religious accommodations

With the holiday season fast approaching, be alert to religious accommodation requests.

Identical interview questions key to surviving rejected applicant’s suit

The hiring process is a common lawsuit trigger for candidates not selected for the job they’re interviewing for. Lawsuits alleging race or other forms of discrimination may focus on individual questions, the hiring committee’s demographic composition or some other perceived discriminatory action. The best way to counter this is with a carefully crafted interview process.

Netflix beats harassment claims—for now

A California judge dismissed allegations of harassment and emotional distress against a supervisor at Netflix. The plaintiff, a former business and legal affairs director at the streaming service, sued for race and gender discrimination and wrongful termination, alleging a supervisor failed to stop a male subordinate’s racist and misogynistic comments.

EEOC commissioner targets abortion travel benefits

An EEOC commissioner launched probes of companies offering abortion travel subsidies to employees. The commissioner alleges discrimination against pregnant workers who are not offered equivalent benefits.

Bill voids NDAs in sexual harassment cases

The Speak Out Act voids any nondisclosure agreements in sexual assault or harassment cases. The bill passed Nov. 16 in the House, and the Senate passed the bill by unanimous consent in September.

Time is now for overtime pay scrutiny

Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Sexual harassment and retaliation at funeral home

A mortuary will pay $135,000 to settle a sexual harassment and retaliation lawsuit. The EEOC sued on behalf of female employees who alleged the owner made crude sexual comments.

“No facial hair, no exceptions” causes EEOC to sue

A company with a “no facial hair” policy violated Title VII when it hired an EMT who could not shave his beard due to his religious beliefs and fired him when he refused to shave, alleges an EEOC lawsuit.

Dismissal valid if based on “unprofessional” behavior

East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.