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Discrimination / Harassment

As religious litigation increases, take these steps to prove undue hardship

11/17/2025
Here’s what you need to do before claiming that approving religious accommodations would create an undue burden.

Employers aren’t always liable for third-party harassment

11/17/2025
Last month, we told you about a federal appeals case that ruled that an employer may not be liable for third-party sexual harassment that occurs off-premises even if the harasser is a client or customer. Now, another federal court has ruled that an employer isn’t liable for third-party harassment on the premises, either.

Employers may soon face broader sexual assault liability

11/10/2025
The American Law Institute recently approved a change to recommended interpretations of tort law to include employer liability for sexual assaults. Its recommendations are widely used by judges when deciding whether an employer broke the law.

EEOC sued over refusing to bring disparate-impact cases

11/10/2025
A woman who worked as an Amazon driver has sued the Equal Employment Opportunity Commission. She says the agency has stopped investigating disparate-impact cases and, therefore, abrogated its responsibility to investigate all discrimination complaints.

New EEOC lawsuit highlights the need to prevent age discrimination

11/03/2025
The Equal Employment Opportunity Commission has sued an El Paso-based logistics company over allegations that it blatantly discriminated against older workers. The allegations include firing and refusing to hire older workers using the excuse that they could not find truck liability insurance covering drivers over age 65.

Case highlights need for “no slurs” policy

10/27/2025
Providing a harassment-free workplace is essential, and that includes keeping language respectful. It should go without saying that racial, religious, sexist and other demeaning name-calling must be banned. But what happens if an employee uses an epithet that’s typically aimed at individuals who belong to the same protected class the speaker belongs to?

EEOC reboot: Fewer lawsuits, sharper focus

10/27/2025
Following a year of major turnover and political shifts, the Equal Employment Opportunity Commission is charting a new course that blends regulatory rollback with renewed focus on systemic discrimination.

Obscure federal law breathes new life into reverse-discrimination lawsuits

10/20/2025
White employees who believe they have been discriminated against because of their race are using Section 1981 to sue because it doesn’t have the tight limits Title VII has.

Senate confirms EEOC commissioner; quorum restored

10/14/2025
On Oct. 7, the U.S. Senate confirmed over 100 Trump administration nominees, including Brittany Panuccio as a EEOC commissioner. Her appointment restores a quorum to the commission, creating a Republican majority and allowing it to again fully function.

How not to handle a religious accommodation request

10/14/2025
Yes, you can ask for basic information about a request. That includes having the employee explain what particular religious belief the request is based on. But no, you can’t inquisition the employee on that belief beyond a few basic questions.