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Discrimination / Harassment

Recalling staff after layoff? Ensure rehiring isn’t biased

Before approving a rehire list, make sure you can explain any potentially discriminatory impact and the process you used to determine who would return to their jobs.

Ensure supervisors understand laws that prohibit pregnancy discrimination

If recent EEOC actions are any indication, employers that don’t properly train supervisors and hiring managers about pregnancy discrimination will wind up defending themselves in court.

EEOC wins $36 million verdict in deaf-driver case

A jury has sided with the EEOC and awarded a deaf truck driver more than $36 million in punitive damages after the company that trained the driver refused to hire him because of his hearing impairment.

CEOs distance themselves from DEI initiatives

Mentions of corporate diversity, equity and inclusion initiatives fell by 54% during CEO earnings calls in the first quarter following the U.S. Supreme Court’s Students for Fair Admissions v. Harvard decision, which outlawed race-based affirmative action in higher education.

NYC ban on height, weight bias may catch on

The law goes into effect Nov. 22. It makes it illegal for New York City employers to discriminate based on an applicant’s or employee’s height or weight. Employers must also protect employees from height and weight harassment.

EEOC harassment lawsuits target Las Vegas restaurants

The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking and other inappropriate behaviors.

Insist that clients honor your anti-discrimination and anti-harassment commitment

Of course the EEOC keeps an eye out for cases of discrimination and harassment committed by co-workers and supervisors. But did you know it also investigates—and files lawsuits—when employees allege discrimination and harassment perpetrated by customers and clients?

EEOC’s new strategic plan targets discrimination

The EEOC on Aug. 22 approved a new strategic plan for fiscal years 2022–2026 that focuses on preventing employment discrimination through targeted enforcement while advancing equal employment opportunities with education and outreach.

Accused of religious bias? Brace for years of litigation

Expect more requests for religious accommodations and more objections to performing some tasks. That kind of employee pushback—aided by well-financed nonprofit groups willing to litigate their cases—is already yielding more EEOC religious-discrimination complaints and federal lawsuits.

DEI on the chopping block? Appeals court tees it up

A federal appeals court just made it harder for some employers to defend against discrimination claims, and the ruling could set up a big Supreme Court fight that may put diversity, equity and inclusion programs in jeopardy nationwide.