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North Carolina

Recalling staff after layoff? Ensure rehiring isn’t biased

09/27/2023

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.

Brace for more lawsuits claiming violations of employees’ religious rights

09/11/2023

EEOC complaints based on religious accommodations had already increased substantially over the last two fiscal years. In 2021, there were 2,111 religious-discrimination charges. By the end of fiscal year 2022, that number had jumped to 13,814. That number may increase yet again in the wake of the Supreme Court’s recent decisions.

A matter of morals … or discrimination? Expect more cases claiming ‘expressive association’

07/24/2023

The Supreme Court ruled in June that a Colorado web designer could decline to develop sites celebrating same-sex weddings based on her First Amendment expressive freedom of association. Now a different employer—a Catholic school—is trying to argue it has the right to “expressive association” in the employment context, able to reject applicants or fire employees who don’t live up to its views on moral behavior.

Ensure your handbook leaves out details about benefits

05/22/2023

Your handbook probably states you reserve the right to amend it at any time for any reason. That disclaimer helps protect against claims that your handbook is a binding contract. But that kind of language can cause problems if your handbook describes benefits that may be covered by the Employee Retirement Income Security Act.

Extra ‘volunteer’ work can’t be paid in chicken

03/20/2023

Fast food restaurants trying to hire workers sometimes tout “free food” as an employee benefit. That doesn’t turn meal vouchers into legal tender. That’s what the Department of Labor decided when it fined a Chik-Fil-A franchise following a recent investigation.

Harassment: Here’s why you want to make reporting it easy

12/20/2022

It is vital to encourage employees to report anything they think could be classified as sexual, racial or other harassment. Make reporting easy, offering multiple complaint avenues. Instruct supervisors and managers to say something if they see something.

Dismissal valid if based on “unprofessional” behavior

11/17/2022

East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.

Gender dysphoria considered ADA disability

09/08/2022

For the first time, a federal appeals court has ruled that the ADA’s definition of disability includes a condition known as gender dysphoria.

Excuse nonbelievers from prayer at work

07/05/2022

The EEOC is suing a North Carolina residential construction and renovation company for violating Title VII of the Civil Rights Act when it required employees to attend prayer sessions at work.

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.