Discrimination / Harassment

Discipline consistently to avoid reverse-discrimination lawsuits

04/25/2025

There’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.

Federal contractors no longer have to promise their restrooms aren’t segregated

04/21/2025

A letter from the U.S. General Services Administration’s Office of Government-wide Acquisition Policy notes that White House Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, rescinded a 1965 executive order that required contractors to end the practice of maintaining separate restrooms for white and minority employees.

4 Big Law firms settle with EEOC to end scrutiny of DEI programs

04/21/2025

Four of the world’s largest law firms have entered into settlement agreements with the EEOC promising that their diversity, equity and inclusion practices do not result in unlawful discrimination or preferences based on race, sex or other protected characteristics. In return for settling, the EEOC agreed not to investigate the firms for allegedly discriminatory practices.

Court: Simply offering DEI program doesn’t establish hostile environment

04/18/2025

The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

Racial remarks? Respond quickly and forcefully

04/09/2025

As a manager, it’s your responsibility to ensure that none of your people behave in a way that diminishes the sense of mutual respect and dignity in your unit. That’s what insensitive racial remarks do.

EEOC data show rise in claims alleging neurodiversity discrimination

04/07/2025

While still a small subset of EEOC disability discrimination cases, resolution of claims related to autism more than doubled between 2016 and 2023, rising from 0.4% of 1.5% disability bias cases.

Recognize legal peril of automatically rejecting requests for religious accommodation

04/04/2025

Ever since the U.S. Supreme Court’s unanimous decision in Groff v. DeJoy, employees and their lawyers have been testing the limits on how far employers must go to accommodate religious beliefs and practices.

Litigation alternatives: While the EEOC is dropping bias cases, other advocates are stepping in

04/04/2025

While the EEOC may not want to move ahead with cases it already filed on behalf of transgender employees, that does not mean employers are free to discriminate based on gender identity. There are still multiple avenues that employees can use to sue over the issue.

Recognize the bright line between harassment and run-of-the-mill personality clashes

03/31/2025

Employees don’t always get along—and you can’t force them to actually like each other. Take solace in the fact that unless workplace animosity creates a truly hostile environment, allegations of discrimination or harassment won’t succeed in court unless an employee can prove that a co-worker targeted him because of protected characteristics such as race, gender, religion or national origin.

Clear violation of your rules? Courts won’t second-guess disciplinary decision

03/28/2025

You have workplace rules for a reason, and you can require employees to follow them. If someone breaks your rules or violates your policies, feel free to discipline them. As long as you enforce your rules evenhandedly and impose discipline consistently, courts are unlikely to second-guess your decision to punish employees.