Discrimination / Harassment

More DEI initiatives in 2021

10/05/2021

Eighty-three percent of employers surveyed say they have been taking action on diversity, equity and inclusion initiatives in 2021, a 13 percentage-point increase from 2020.

Harassment settlement shows what EEOC expects

09/30/2021

The terms the EEOC decides to accept when it settles discrimination cases can help employers determine how to stay in the agency’s good graces. In addition to requiring employers to pay damages to aggrieved employees, EEOC settlements usually call for assurances the employer fixed the causes of the original complaint.

EEOC test case argues for even more telework

09/30/2021

Last year, the EEOC endorsed remote work as an effective accommodation for disabled employees with pre-existing health conditions that made them more susceptible to infection. Now the EEOC has launched a lawsuit testing the argument that telework should be an accommodation even for workers who aren’t technically disabled but are at higher risk of covid-related complications.

Ensure post-offer tests are job-related and necessary

09/23/2021

Making a job offer is a de facto acknowledgement that you believe the applicant was qualified for the position. If you make the offer contingent on passing some sort of pre-employment test, make sure the test is job-related and consistent with business necessity. Otherwise, you are courting lawsuits that likely favor applicants who fail the test.

Insist on HR approval before revoking offer

09/23/2021

As an HR professional, your role is to help your organization run well while staying out of legal trouble. Doing that means guiding hiring and firing decisions so they don’t inadvertently trigger a lawsuit. Train all your supervisors to seek your input before acting on any hiring or firing decision.

Beware associational bias arising from covid

09/16/2021

Associational discrimination is discrimination against an employee or applicant because of their association with a member of a protected class to which the employee does not belong. The consequences of covid-19 infections raise the possibility of new forms of associational discrimination and retaliation.

Cuomo case offers key lessons for employers

09/16/2021

The New York attorney general’s report on sexual harassment allegations that led to former Gov. Andrew Cuomo’s resignation offers plenty of good insights for employers on anti-harassment training and communication.

Lack of leadership hinders employers’ DEI initiatives

09/14/2021

While some employers have successfully implemented measures to increase diversity, equity and inclusion within their workforces, new data from the Society for Human Resource Management found that many others have failed to follow through on their DEI commitments.

DOL could use EEO-1 data against employers

09/09/2021

A recent policy change by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs could open the door for more federal scrutiny of employers’ employment practices.

Threat to report Hispanic workers is harassment

09/02/2021

Telling Hispanic workers they will be reported to U.S. Immigration and Customs Enforcement can constitute harassment based on national origin. If employees complain to the EEOC, prepare to pay.