Discrimination / Harassment

Lawsuit proves pregnancy accommodation isn’t optional

09/08/2025

Despite the existence of two laws prohibiting discrimination against pregnant women—the passage of the Pregnancy Discrimination Act in 1978, then the Pregnant Workers Fairness Act in 2023—employers continue to ignore these laws. Now, the EEOC has taken notice and litigation is ramping up, as one court case proves.

Employer challenges EEOC authority to file systemic-discrimination cases

09/08/2025

Ordinarily, the EEOC is authorized to sue employers whom it has determined may be engaging in systemic discrimination. One employer has challenged the EEOC’s right to bring systemic-discrimination cases.

Is that religious belief sincere? If not, you can push back

09/02/2025

Title VII provides that employees are entitled to reasonable accommodations for their sincerely held religious beliefs and practices. But what is a sincerely held belief? And how far can employers go to challenge that assertion?

Shifting views on discrimination challenge DEI momentum

08/25/2025

Public opinion on discrimination in the U.S. is shifting—and with it, perceptions of diversity, equity and inclusion initiatives. At the same time, skepticism about whether DEI programs reduce discrimination is growing.

Consensual quid pro quo still carries liability

08/13/2025

So-called quid pro quo sexual harassment occurs when the punishment happens when the quid—sexual activity—isn’t delivered and the employee is demoted or terminated. But there’s another version of quid pro quo harassment in which the pro quo is agreed to. Can the subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

Lawsuit seeks to force EEOC to process gender-identity harassment claims

08/11/2025

Since the beginning of the Trump administration, the EEOC has done an about-face on recognizing gender identity as a protected class under Title VII.

4 religious accommodation steps that will help you avoid a lawsuit

08/04/2025

A recently filed EEOC lawsuit provides a timely reminder for employers regarding the religious accommodations process and why you must not ignore a now-two-year-old Supreme Court religious accommodation case involving time off for religious services.

Million-plus settlement for allowing reverse-discrimination talk

08/04/2025

After the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services, it became clear that discriminating against a member of a majority is just like discrimination against a member of a minority group.

Detailed personnel records defeat bias claim

07/28/2025

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues.

Equal pay: Document how and why jobs differ

07/22/2025

The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.