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Discrimination / Harassment

Small employers in EEOC’s crosshairs: Ensure owners understand age-bias rules

03/08/2024
If you’re an HR professional working for a small business, make sure all employees—including senior executives and the company’s owner—understand they can’t discriminate against older workers or harass them because of their age. The EEOC expects HR pros to speak truth to power by educating everyone on acceptable behavior.

Double-dip: Beware this new employee lawsuit tactic

03/04/2024
The EEOC complaint process gives employers a chance to investigate allegations and resolve the problem if possible. It also allows the opportunity to see what evidence the employee has and seek a settlement if the facts warrant it. But some aggressive plaintiffs’ attorneys have adopted a new litigation tactic—simultaneously filing both an EEOC complaint and a separate federal lawsuit alleging other related claims.

Lessen liability by quickly addressing sexual harassment

02/23/2024
Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Grant request for religious accommodation if at all possible

02/20/2024
Since the Supreme Court’s landmark religious accommodation decision in Groff v. DeJoy last June, the number of federal lawsuits alleging religious discrimination has increased. The litigation signals a major shift—and the need for employers to adopt a new way of thinking about religious accommodations.

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.