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Employment Law

Ensure policy says you don’t condone transgender bias

11/29/2021
In 2020, the U.S. Supreme Court said discrimination on the basis of sexual orientation or gender identity is a form of sex discrimination. Make sure your policies reflect that ruling. One federal court has concluded that not having a revised policy amounts to having an unofficial pro-discrimination policy.

No need to tell employee why she was fired

11/29/2021
When terminating an employee, you don’t necessarily have to explain the exact reason for your decision. However, you must still document your rationale at the time you decide to fire. If the employee sues, a court will want to see when and why you arrived at the decision, all documented at the time.

EEOC clarifies what’s pandemic retaliation

11/29/2021
The EEOC has updated its retaliation guidance for the coronavirus pandemic age, releasing a new technical assistance document explaining how to balance employee anti-retaliation rights under the ADA, Title VII and other laws against an employer’s need to enforce covid health and safety protocols.

Hold it! Don’t prevent extra bathroom breaks

11/22/2021
Alert managers that some medical conditions do require more frequent visits to the restroom.

A $1.4 million lesson: Misclassifying workers can lead to personal liability

11/18/2021
Making the employee-or-independent-contractor decision should always be a well-researched and documented choice. One main reason: While most lawsuits claiming misclassification of independent contractors are brought against corporate entities, many federal and state laws also allow workers to sue company execs directly for personal liability in such cases.

100%-healed policy may be automatic ADA violation

11/18/2021
When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

Stamp out racially hostile environment

11/18/2021
It can be difficult for HR to keep track of every liability threat. You might never learn that a rogue supervisor is harassing subordinates. Without constant vigilance, it’s easy for a racially hostile work environment to fester.

Beware diversity goals that cause reverse bias

11/18/2021
Employers are eager to recruit talent from every background, regardless of race, ethnicity, gender, religion or other protected characteristics. And they’re launching organization-wide initiatives to achieve their diversity goals. But sometimes, diversity initiatives can backfire, triggering lawsuits that allege reverse discrimination against majority-group members who perceive they’re missing out on opportunities for which they are qualified.

3 federal agencies team up to stop retaliation

11/18/2021
The U.S. Department of Labor, the EEOC and the National Labor Relations Board are responsible for enforcing most federal anti-discrimination laws affecting workers and the workplace. Concerned with an increase in the number of employee lawsuits accusing employers of retaliation, those three agencies have joined forces to raise awareness about the problem.

EEOC casts a skeptical eye on the use of AI in hiring

11/11/2021
Employers considering adding or expanding use of artificial intelligence programs to screen job applicants, take note: The EEOC has announced a new initiative to examine the use of AI in hiring.