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Discrimination / Harassment

You can’t dodge Title VII by misclassifying employees as independent contractors

10/25/2023
One benefit of engaging independent contractors to perform work is that contractors don’t count as employees for purposes of complying with laws such as Title VII of the Civil Rights Act. But, just calling someone an independent contractor doesn’t necessarily mean she is one. She might really be an employee.

National-origin discrimination: What you need to know

10/25/2023
The rapidly increasing diversity of the U.S. workforce requires all managers to be aware of their legal responsibilities when dealing with applicants and employees from different races, ethnic groups and religions.

Prepare to comply: Pregnant Workers Fairness Act regulations due soon

10/23/2023
The EEOC is gearing up to begin enforcement of the Pregnant Workers Fairness Act. The law, enacted in December 2022, requires employers to reasonably accommodate a worker’s limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an undue hardship.

Think twice before demanding proof an employee’s religion requires accommodation

10/16/2023
Thanks to a series of employee-friendly court decisions, workers now have a far easier time winning lawsuits alleging their employers failed to accommodate their religious beliefs and practices. Employers are greatly limited in how far they can go to require employees to prove their religious beliefs and practices require accommodations.

HR needs to know: New guidance explains how EEOC plans to enforce anti-harassment law

10/13/2023
The EEOC has released proposed guidance explaining how its investigators and lawyers should handle workplace harassment claims the commission receives. That means it’s critical for smart HR pros, employers and their attorneys to get familiar with it, too.

With war breaking out in the Middle East, beware harassment based on religion here in the U.S.

10/11/2023
The Oct. 7 attack by Hamas against Israel has raised the possibility that antisemitism and other forms of religious bias could break out here in the United States. As an employer, you have a responsibility to ensure your workplace remains free of hate speech and actions motivated by hate.

Male-dominated industry? Expect stepped-up EEOC enforcement

10/06/2023
Many women have begun seeking jobs in male-dominated industries because they tend to pay more and offer better benefits than jobs that traditionally attract women. However, an influx of female applicants has triggered backlash in some workplaces. The EEOC has taken notice.

EEOC litigation surged to 5-year high in FY 2023

10/06/2023
The fiscal year 2023 lawsuit filings—known as merit filings—included 25 systemic lawsuits, almost double the number filed in each of the previous three fiscal years and the largest number of systemic filings in the past five years.

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.

Ensure supervisors understand laws that prohibit pregnancy discrimination

09/20/2023
If recent EEOC actions are any indication, employers that don’t properly train supervisors and hiring managers about pregnancy discrimination will wind up defending themselves in court.