Discrimination / Harassment

A DEI smackdown: Good intentions vs. the law

02/14/2024

In the blue corner, from the Big D, the former owner of the Dallas Mavericks basketball team and serial entrepreneur Mark Cuban. And in the red corner, hailing from our nation’s capital, EEOC Commissioner Andrea Lucas.

EEOC discrimination lawsuits jumped sharply in FY 2023

02/12/2024

The EEOC filed 144 lawsuits accusing employers of having a “pattern and practice” of discrimination in fiscal year 2023, a sharp increase from the 97 suits brought in FY 2022.

An old law newly revived: Be alert for Section 1981 suits

02/12/2024

A law written more than 150 years ago has gained new favor among employees suing for discrimination—and by conservative activists who want to shut down corporate diversity initiatives.

As Valentine’s Day approaches, review policies addressing sexual harassment

01/31/2024

With February comes Valentine’s Day, as good an excuse as any to review your company communications policies so employees understand there are limits on how, where and when they can embrace the spirit of romance at work.

With election heating up, beware immigration-related harassment

01/26/2024

The 2024 election year is in full swing and some of your employees are bound to have strong opinions on major issues politicians are running on. One topic certain to figure heavily is immigration. For employers, there is a real risk that anti-immigrant harassment could infect workplaces. HR pros have an obligation to put a stop to it.

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.

Follow EEOC’s recipe for anti-harassment training

01/22/2024

Employers in industries such as hospitality and retail often promote rank-and-file workers to supervisory roles. That may mean that front-line supervisors may not have had the formal training required for their new jobs. That means it’s up to HR to ensure new bosses understand all their responsibilities, including how to handle discrimination and harassment they witness. A recent EEOC lawsuit offers lessons on how to deliver that training.

Review compensation practices to identify potential sources of pay inequity

01/02/2024

Your employees probably no longer consider it taboo to discuss salaries and benefits with their co-workers and friends. That means they can easily tell how your compensation system compares with that of other employers. It also means they can easily spot inequities in how you pay employees up and down your org chart. If they determine that wage gaps exist, don’t be surprised if they decide to sue you for discrimination.

Employers beware: Supreme Court could make it easier to sue for discrimination

01/02/2024

The U.S. Supreme Court recently held oral arguments in an employment law case that may make it much easier for employees to sue their employers. If a majority of the justices agree with an employee who claims her transfer was motivated by her employer’s discriminatory policies, the decision may also open the way for more lawsuits contesting employers’ diversity, equity and inclusion programs.

Think creatively about how to comply with PUMP Act milk-expression requirements

12/20/2023

Many employers still struggle with how to provide the required breast-milk expression breaks required by the year-old Providing Urgent Maternal Protections for Nursing Mothers Act. PUMP Act compliance is especially challenging in unusual work environments. However, a recent lawsuit settlement involving an airline addresses best practices employers can adopt even in difficult circumstances.