Discrimination / Harassment

Here’s what the EEOC’s lawyers are focusing on this year

08/12/2024

Despite the looming election and Supreme Court decisions that could eventually curtail the influence of federal agencies, the EEOC continues to push an aggressively pro-employee agenda, and it’s committed to filing lawsuits against employers that violate anti-discrimination and anti-harassment laws.

HR pros: Courts will hold you to the highest standards

08/12/2024

The ethics of our profession require HR practitioners and leaders to behave in ways that are beyond reproach when it comes to carrying out HR duties and in their personal conduct at work. That’s especially true when it comes to administering anti-bias and anti-harassment policies. When those who are supposed to guarantee a bias-free work environment are the source of bias and harassment, that is a potent source of legal risk.

You don’t have to be an EEOC mind reader: When it comes to harassment, rely on latest guidance

08/09/2024

In April, the EEOC released Enforcement Guidance on Harassment in the Workplace, a comprehensive online resource a commission statement said was intended to help “employers in creating respectful workplaces.” As a practical matter, the guidance created a one-stop resource employers can use to update their harassment rules, addressing all forms of harassment covered by Title VII of the Civil Rights Act.

Empower supervisors to accommodate pregnant subordinates

08/09/2024

The Pregnant Workers Fairness Act requires employers to reasonably accommodate pregnancy-related conditions. Recently issued EEOC guidance on the PWFA makes it clear that employers need to empower first-line supervisors to make many of those accommodations on the spot with little or no documentation. A recent case highlights why it’s essential to delegate PWFA accommodations authority to front-line managers and supervisors.

Beware relying solely on AI to screen job applicants

08/02/2024

Employers looking to hire staff increasingly turn to artificial intelligence programs to help them screen candidates. A recent case shows the perils of automated systems and the inherent risk some pose.

Natty dread: Avoid grooming rules that ban religious hairstyles

07/19/2024

Last year’s blockbuster Supreme Court opinion in Groff v. DeJoy required employers to accommodate almost all religious accommodations requested by employees. However, it’s clear that many employers haven’t yet revamped their policies in light of the ruling—and that’s triggering a flurry of EEOC complaints and religious-discrimination lawsuits.

Agencies address gender-based harassment

07/17/2024

The Department of Labor and the EEOC addressed gender-based violence and harassment in the workplace recently. They noted the prevalence of the problem and that dealing with it takes a toll on the victim’s physical and mental health.

Failure to investigate lands HR in trouble

07/17/2024

Employers must investigate every harassment claim. That’s true even when the alleged harasser is an owner or executive.

Prepare to pay up if you insist on English fluency or prohibit other languages on the job

07/15/2024

While English is the dominant U.S. language, it certainly isn’t the only one spoken in our multicultural society. In fact, employers that insist on English fluency or prohibit speaking another language at work may find themselves running afoul of Title VII of the Civil Rights Act and other employment laws, as one employer recently discovered.

More older workers may mean more age-bias, disability-discrimination lawsuits