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Discrimination / Harassment

DOL targets federal contractors accused of discrimination

06/28/2024
Like any other employer, companies that perform contract work for the federal government may not discriminate on the basis of sex, age, race, national origin and other protected characteristics made illegal under Title VII of the Civil Rights Act and other federal nondiscrimination laws. Unlike other employers, they must answer to the Office of Federal Contract Compliance Programs, a part of the Department of Labor specifically dedicated to ensuring federal contractors abide by non-discrimination rules.

Beware AI screening based on race, age and disability

06/20/2024
A class-action complaint filed earlier this year takes direct aim at the discriminatory practices inherent in AI tools. Workday, a human resource management service that provides applicant screening services as one of its capabilities, is accused of using machine-learning algorithms and artificial intelligence tools to screen out applicants who are African-American, disabled and/or over the age of 40.

What counts as retaliation? Almost anything

06/20/2024
Follow up with workers who report discrimination to make sure they’re not being punished.

Why HR needs to walk around high-risk work areas

06/20/2024
Because stopping harassment fast can limit liability, it’s crucial for HR professionals to walk around high-risk workplaces and provide training on sexual and other harassment to everyone, including employees and supervisors. Otherwise, you increase the risk of being sued, paying a settlement and having the EEOC perform the monitoring you should have been doing all along.

Why HR must preview all job postings

06/20/2024
Do you check your organization’s job postings for inaccurate, inappropriate or illegal language? If not, you’re opening your organization to legal battles.

Court: Denying transgender-care coverage violates Title VII

06/17/2024
For the first time, a federal appeals court has ruled that an employer that provides health insurance for its employees violates Title VII if it refuses to cover transgender care. That, in the words of the court, violates Title VII’s sex-discrimination provisions because it denies transgender workers the same benefits other employees are entitled to.

Gender identity on the docket: Lawsuit slams EEOC’s anti-harassment guidance

06/17/2024
When the EEOC issued new final enforcement guidance on all forms of harassment in April, the agency included guidance on gender identity, dress codes, bathroom use and pronoun choice. A  group of 18 state attorneys general have filed suit, alleging that the guidance goes too far.

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

06/13/2024
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

06/13/2024
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

06/13/2024
Courts rarely second-guess hiring decisions as long as they are based on objective, reasonable factors, backed with documentation.