Discrimination / Harassment

Minority employees under-represented at every organizational level

10/20/2020

According to the Mercer consulting firm’s new Let’s Get Real About Equality 2020 report, 66% of organizations say senior executives are actively engaged in efforts to foster diversity, equity and inclusion. There is plenty of room for improvement.

Does ‘religious freedom’ give OK for job bias?

10/15/2020

In recent years, many corporations have made an effort to show their inclusive nature to certain groups, including the LGBT community. But what should your company do if an employee cites “religious freedom” as a reason to reject those company efforts?

Discover harassment by boss? Act ASAP

10/15/2020

There is almost no way for an employer to defend against an employee’s claim that she was the victim of quid pro quo sexual harassment by a supervisor. The threat of discipline or termination unless a subordinate agrees to have sex with the boss is usually a slam-dunk win for an employee who sues.

New rules proposed for EEOC conciliation process

10/13/2020

For the first time since 1977, the EEOC is proposing changes to the procedures it uses to mediate discrimination and harassment claims before they go to court. If finalized, the new procedures should reduce the number of EEOC complaints that turn into lawsuits, legal experts say.

Google it: harassment shareholder settlement

10/08/2020

Employers can’t get away with sweeping sexual harassment complaints under the rug in the #MeToo era.

Always consider religious accommodations

10/01/2020

Employees may ask for reasonable accommodations when work interferes with their religious beliefs or practices. Employers often must go far beyond allowing occasional absences to attend services or bending dress and grooming rules to allow head scarves or beards.

Snapshot: Most believe in a new civil rights law

09/22/2020

For the first time since Gallup began polling on the issue, most Americans—Black and White—think a new civil rights law is needed to reduce discrimination against Black people.

Audit duties, pay scales to ensure EPA compliance

09/17/2020

Ensure Equal Pay Act compliance by routinely reviewing all job descriptions for similarities between positions. Then check similar positions’ salary ranges for consistency and the sex of job incumbents.

Beware bias when recalling RIF’ed workers

09/17/2020

When you are ready to welcome back workers who were laid off at the beginning of the pandemic, be careful not to trigger discrimination lawsuits. It could happen if your reduction in force cost the jobs of workers belonging to a protected class.

EEOC amending lawsuits to add LGBT bias

09/10/2020

Since the U.S. Supreme Court’s Bostock v. Clayton County ruling, employers are discovering that pending EEOC lawsuits involving lesbian, gay, bisexual and transgender employees have suddenly been expanded. Here’s how that played out for one employer that ultimately decided to settle.