Discrimination / Harassment

Case of the Week: OK to ask about basis for religious-accommodation request

06/15/2023

A series of Supreme Court decisions have protected beliefs that are theistic in nature—that is, they include a belief in God as defined in major world religions and their variants. But other decisions hold that non-theistic moral or ethical beliefs sincerely held with the strength of traditional religious beliefs are also entitled to reasonable accommodation.

Avoid retaliation lawsuits with these 4 best practices

06/15/2023

Retaliation claims brought by unhappy employees—or really, really unhappy former employees—continue to trouble employers nationwide. Here are four recommendations for setting up systems that can help prevent retaliation claims in the first place and—acknowledging that no system can prevent all such claims—at least help the organization establish and prove possible defenses to claims of retaliation that do arise.

Court: Hip-hop on work PA can be harassment

06/12/2023

A federal appeals court has ruled that blasting “sexually graphic, violently misogynistic” music over a Nevada warehouse’s public address system “almost daily” for two years created a hostile work environment.

After COVID, EEOC charges jumped 20% last year

06/09/2023

EEOC charges exploded in fiscal year 2022, jumping almost 20% compared to FY 2021 and reversing a 10-year trend in which discrimination, harassment and retaliation claims steadily declined.

How much could retaliation cost? Try $366 million

06/05/2023

Employees frequently sue for retaliation if they experience backlash after complaining about race discrimination at work. If the victim is punished with a pay cut, demotion, transfer to a less desirable location or termination, employers can expect a retaliation lawsuit. In cases like that, employees don’t even have to prove they experienced discrimination. They just have to prove they were punished for complaining.

Caution! EEOC guidance puts employers on notice for AI liability

05/30/2023

The EEOC has recently become quite proactive about the downsides of artificial intelligence, warning employers that using AI in the hiring process could lead to violations of anti-discrimination laws. The commission is rightly worried that certain AI programs may be designed in ways that either actively discriminate against members of a protected class or have an adverse impact on them.

Transfer after harassment complaint is OK if the new position is comparable

05/30/2023

Employers can’t punish workers for filing a discrimination or harassment complaint. That would be illegal retaliation. But what’s less clear is what exactly constitutes punishment? Under the law, it isn’t punishment unless the employer’s action amounts to an adverse employment action.

Handle requests for religious accommodations by holding interactive talks about options

05/24/2023

Title VII requires employers to reasonably accommodate employees’ sincerely held religious beliefs and practices. Employers must handle requests for religious accommodations just as they do requests for disability accommodations under the ADA—through an interactive process in which the employee’s and the employer’s competing needs are discussed.

EEOC issues one last update to COVID-related anti-discrimination guidance

05/22/2023

In response to the official end of the COVID-19 public health emergency on May 11, the EEOC has updated its guidance on COVID-related discrimination protections.

Cost of segregating jobs by sex: $1.25 million