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Discrimination / Harassment

Stamp out gender stereotyping, the workplace curse that can trigger both discrimination and harassment claims

Your training programs must address the legal perils that arise when managers and supervisors base decisions on prejudiced assumptions about employees who belong to protected classes. Ensure your training also covers how to prevent, identify, stop, report and fix harassment when it is uncovered.

Sexual harassment, bathrooms and pronouns

Everyone has the right to their own belief structures. However, shrouding a discriminatory belief in a cloak of “religious liberty” to justify one’s actions is dangerous.

Be sure to document the reasonable factors on which you base all hiring decisions

Courts rarely second-guess hiring decisions as long as they are based on objective, reasonable factors, backed with documentation.

EEOC updates guidance on hostile work environments

For the five fiscal years ending with FY 2023, more than one-third of the charges of employment discrimination it received included an allegation of unlawful harassment based on race, sex, disability or another protected characteristic.

EEOC damage awards fell dramatically in FY 2023

Employers paid $22.6 million in monetary damages for violating federal anti-discrimination and anti-harassment laws in fiscal year 2023, according to EEOC statistics released in May.

EEOC charges jump for second straight year

Employees filed 81,055 discrimination and harassment charges in FY 2023, compared to 73,485 the year before and 61,331 in FY 2021, a year in which EEOC activity lagged because of COVID lockdowns.

No, you can’t use high medical costs as an excuse to terminate a sick worker

A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

Employ low-skill, entry-level workers? Avoid EEOC’s anti-discrimination crosshairs

“Protecting individuals seeking entry-level or temporary jobs from discrimination” is an EEOC enforcement priority. For employers, that means low-skill, entry-level hiring patterns will be scrutinized for any sign that some applicants aren’t being hired because of their protected class.

Beware the high cost of tolerating a racially hostile environment: $20.5 million

A former employee has won a huge jury award over allegations that a supervisor and co-worker created a racially hostile work environment that the company failed to fix.

Keep up with EEOC’s new, comprehensive enforcement guidance on harassment

The EEOC has published a new, comprehensive guidance document that covers what employers must do to avoid liability for workplace harassment on the basis of race, color, religion, sex, national origin, disability, age and genetic information.