Discrimination / Harassment

Be sure you can explain business-related rationale for firing decision

03/20/2023

Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

Your best practice for beating bias lawsuits: Keep accurate records of all HR decisions

03/16/2023

Here’s HR’s best employment-law bet: Assume every employee you fire will try to sue you. That means basing every termination decision on solid business-related reasons, documented in real time. Your good records will often be enough to get a lawsuit tossed out quickly.

Compliance guidance for the construction industry

03/16/2023

Employers in the construction industry face special challenges in complying with federal anti-discrimination and workplace safety laws. The nature of construction work, oversight by government enforcement agencies and the zeal of opportunistic plaintiffs’ lawyers make it essential for construction companies to nail their compliance responsibilities.

Witnessed wrongdoing? Here’s what to do

03/15/2023

Knowing how to respond to misconduct before you face it is essential for your long-term career and peace of mind.

Respond to shifting burdens of proof in discrimination lawsuits

03/06/2023

Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test is often referred to as the McDonnell-Douglas burden-shifting test.

Be prepared to explain pay disparities

02/27/2023

It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

Poll: More than half of workers over the age of 40 have experienced discrimination

02/23/2023

Age bias is alive and well in the workplace 56 years after enactment of the Age Discrimination in Employment Act, according to a new survey conducted by Moneyzine.com.

Beware the latest HR legal danger: Stockholder lawsuits

02/21/2023

There’s a new HR danger out there: Shareholders can now sue corporate officers—including the professionals who head up HR departments—for breach of fiduciary duty.

Revise handbook to address remote harassment

02/21/2023

If you haven’t reviewed your employee handbook in the last year or so and updated it to reflect new laws and important HR trends, you should do so soon. Otherwise, you’re probably working with an outdated and legally risky document that may do more harm than good. Here are some proactive handbook changes to consider making now to address harassment issues that can arise when employees work remotely.

Offer equal access to high-quality training

02/16/2023

A federal appeals court has ruled that unequal or inadequate training may be an adverse employment action that can justify a discrimination lawsuit—just like demotion, failure to promote and termination.