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Discrimination / Harassment

SHRM lawsuit puts spotlight on evaluations

The best way to defend against a surprise discrimination lawsuit is to conduct accurate, regular reviews that assess a worker’s performance using as many objective standards as possible. Those evaluations then serve to back up any disciplinary action you take, even if the employee files an internal bias complaint and follows up with a lawsuit claiming subsequent discipline amounted to retaliation.

Take care when adopting AI for use in HR

Artificial intelligence has become an indispensable HR tool. But like most tools, AI can be dangerous if it is not used properly.

Conduct audit to assess balanced workplace

Discrimination lawsuits can pop up from out of nowhere. That leaves HR scrambling to prove there has been no inadvertent discrimination. Prepare to do better.

Judge: Florida’s ‘anti-woke’ law can’t limit DEI training

A federal judge has blocked Florida from enforcing part of a new state law that aimed to limit workplace anti-discrimination training.

Swearing at work: When is it considered harassment?

According to one survey, 57% of American employees admit to swearing at work. But where is the line between swearing as harmless workplace banter and swearing as harmful, unlawful harassment?

Be wary of bias against childless employees

The percentage of Americans who are childless by choice is growing—and that could soon trigger more resentment and legal issues in your workplace.

Periodically monitor remote workplaces

If you have scattered workplaces, be sure to regularly check to make sure they’re not hotspots for problems like sexual or racial harassment. This is especially true for sites that may still embrace a “boys will be boys” attitude—and where front-line supervisors may turn a blind eye to unacceptable and illegal behavior.

They didn’t seriously argue that, did they? Only male cops get weekends off?

A federal appeals court has upheld a policy that looks like blatant sex discrimination.

FLSA, religious bias cases on docket this fall

The U.S. Supreme Court returns for its new term in October and already has scheduled two cases affecting employers. One will address whether employers can ever pay a daily rate to an employee classified as exempt. The other will clarify whether an employer’s religious views can exempt it from state and federal nondiscrimination laws.

Don’t make this $10 million vaccine mistake

First, the bad news: An employer recently agreed to pay $10 million to a group of employees who refused to be vaccinated against covid-19 for religious reasons. The good news: The same fate won’t befall your organization if you follow some simple steps that balance religious objections against business and organizational needs.