Discrimination / Harassment

Honoring pronoun and gendering preferences proves complicated

05/12/2023

Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

Manage the balancing act when accommodating employees’ religious beliefs

05/08/2023

Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion and requires employers to reasonably accommodate an employee’s sincerely held religious beliefs and practices, can sometimes clash with employers’ legitimate business needs and may cause employee-relations problems. Here’s how employers can balance their own needs with their duty to accommodate workers’ religious beliefs and practices.

How HR should use AI: NYC law offers practical guidance

05/08/2023

More and more employers are using artificial intelligence software to improve HR processes such as recruitment, hiring and onboarding. Already, several states and cities have passed laws dictating how AI can and cannot be deployed, including in the HR field.

EEOC, other agencies monitoring AI’s impact on perpetuating discrimination

05/01/2023

The EEOC has joined forces with the Consumer Financial Protection Bureau, the Federal Trade Commission and the Justice Department’s Civil Rights Division to step up oversight of how artificial intelligence software might perpetuate unlawful discrimination.

What not to say to older workers: ‘You’re overqualified!’ ‘When are you going to retire?’

05/01/2023

Even as the baby boom generation ages, many older workers are finding they must delay retirement because they can’t afford to quit working. That should raise red flags for employers. Boomers have a powerful federal law on their side—the Age Discrimination in Employment Act, which makes it illegal to discriminate against employees and applicants over age 40 because of their age.

Train employees on ‘bystander’ responsibilities to report harassment

04/24/2023

In 2016, the EEOC released a report that said reducing sexual harassment at work often depends on co-workers being willing to report misbehavior when they witness it. Since then, it has been largely up to employers to define policies for so-called bystander reporting. Here’s how to structure bystander training that prevents sexual harassment instead of merely reporting it after the fact.

Dropping degree requirement? It could trigger discrimination lawsuits

04/24/2023

Today’s competitive recruiting environment has employers rethinking their hiring criteria. Many have decided to scrap requirements that say applicants must have college degrees to even be considered for a job. But as with many things in life, there may be unintended consequences. One is a potential increase in lawsuits that allege bias in the hiring process.

OK to require training that may violate some religious beliefs

04/20/2023

Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

Post-pandemic, enforcement agencies step up oversight of hospitality and leisure industries

04/20/2023

Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

Warn supervisors against screening applicants by national origin

04/17/2023

This seems obvious, but apparently it needs restating: Managers and supervisors should never consider where an applicant was born when making hiring decisions. Two recent cases illustrate the peril.