Discrimination / Harassment

Ensure college recruiting materials don’t illegally exclude foreign applicants

06/26/2023

If you recruit college students, make sure your recruiting materials don’t imply you won’t consider hiring noncitizens such as those holding temporary visas. Otherwise, you can expect an enterprising student to file a potentially costly claim with the U.S. Department of Justice.

You may not have to grant religious accommodation, but you must have a conversation about it

06/21/2023

Driven largely by complaints that being forced to be vaccinated against the coronavirus violated employees’ religious beliefs, EEOC charges alleging discrimination on the basis of religion shot up more than 500% in fiscal year 2022.

Pregnant employee? You’re not their doctor and you don’t know what’s best for her!

06/21/2023

The Pregnant Workers Fairness Act takes effect June 27. In the run-up to that date, the EEOC has begun filing pregnancy-discrimination lawsuits at a rapid clip. For example, it just sued a bar over allegations that managers adopted a paternalistic approach to pregnancy, resulting in the firing of a pregnant bartender.

Case of the Week: OK to ask about basis for religious-accommodation request

06/15/2023

A series of Supreme Court decisions have protected beliefs that are theistic in nature—that is, they include a belief in God as defined in major world religions and their variants. But other decisions hold that non-theistic moral or ethical beliefs sincerely held with the strength of traditional religious beliefs are also entitled to reasonable accommodation.

Avoid retaliation lawsuits with these 4 best practices

06/15/2023

Retaliation claims brought by unhappy employees—or really, really unhappy former employees—continue to trouble employers nationwide. Here are four recommendations for setting up systems that can help prevent retaliation claims in the first place and—acknowledging that no system can prevent all such claims—at least help the organization establish and prove possible defenses to claims of retaliation that do arise.

Court: Hip-hop on work PA can be harassment

06/12/2023

A federal appeals court has ruled that blasting “sexually graphic, violently misogynistic” music over a Nevada warehouse’s public address system “almost daily” for two years created a hostile work environment.

After COVID, EEOC charges jumped 20% last year

06/09/2023

EEOC charges exploded in fiscal year 2022, jumping almost 20% compared to FY 2021 and reversing a 10-year trend in which discrimination, harassment and retaliation claims steadily declined.

How much could retaliation cost? Try $366 million

06/05/2023

Employees frequently sue for retaliation if they experience backlash after complaining about race discrimination at work. If the victim is punished with a pay cut, demotion, transfer to a less desirable location or termination, employers can expect a retaliation lawsuit. In cases like that, employees don’t even have to prove they experienced discrimination. They just have to prove they were punished for complaining.

Caution! EEOC guidance puts employers on notice for AI liability

05/30/2023

The EEOC has recently become quite proactive about the downsides of artificial intelligence, warning employers that using AI in the hiring process could lead to violations of anti-discrimination laws. The commission is rightly worried that certain AI programs may be designed in ways that either actively discriminate against members of a protected class or have an adverse impact on them.

Transfer after harassment complaint is OK if the new position is comparable