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Discrimination / Harassment

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.

Lawsuit: Confederate flag signals harassment

08/26/2021
Most employers train supervisors to spot signs of a hostile work environment and fix it before an unhappy employee sues. The trick is to recognize the red flags—sometimes literally.

EEO-1 deadline extended to Oct. 25

08/24/2021
The EEOC has again pushed back the deadline for employers to submit their 2019 and 2020 EEO-1 reports.

Manage religious exceptions to the vaccine

08/19/2021
The EEOC has clearly said it’s legal for employers to require covid-19 vaccinations. But the agency also said employers must offer accommodations to employees who cannot get the vaccine for disability-related reasons or due to “sincerely held” religious beliefs or practices, as long as the accommodation does not impose an “undue hardship” on the organization.

Apply leave policy equally to all employees

08/13/2021
You probably have a well-defined leave policy that gives employees time off for vacations, illness and tending to personal business. Whether you provide separate pots of leave or lump it all into paid and unpaid time off, your leave policy must treat all employees equally.

Transfer accused harasser, not alleged victim

08/13/2021
When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Be alert for harassment driven by politics

07/22/2021
The political acrimony that divides the country these days can spill over into work. Employees who believe they have been harassed because of their political views can often find an attorney willing to represent them in a lawsuit.

Jury to Walmart: $125 million for disability bias

07/22/2021
A massive award in an EEOC lawsuit sends a powerful message: Courts have little patience for employers that discriminate against disabled workers, and won’t hesitate to make them pay.

Snapshot: What happens to employees who file EEOC bias complaints?

07/20/2021
An analysis of 683,419 discrimination claims filed from 2012 to 2016 found that complaining to the EEOC rarely turns out well for employees.

Anti-harassment training in the post-COVID era: HR’s new role

07/15/2021
The dramatic return of sexual harassment cases to the forefront of pop culture and employment litigation the past couple years should serve as a wake-up call to human resource professionals to reconsider whether they are relying on outdated and awkward harassment training videos or other boilerplate programs.