Discrimination / Harassment

What not to say to older workers: ‘You’re overqualified!’ ‘When are you going to retire?’

05/01/2023

Even as the baby boom generation ages, many older workers are finding they must delay retirement because they can’t afford to quit working. That should raise red flags for employers. Boomers have a powerful federal law on their side—the Age Discrimination in Employment Act, which makes it illegal to discriminate against employees and applicants over age 40 because of their age.

Train employees on ‘bystander’ responsibilities to report harassment

04/24/2023

In 2016, the EEOC released a report that said reducing sexual harassment at work often depends on co-workers being willing to report misbehavior when they witness it. Since then, it has been largely up to employers to define policies for so-called bystander reporting. Here’s how to structure bystander training that prevents sexual harassment instead of merely reporting it after the fact.

Dropping degree requirement? It could trigger discrimination lawsuits

04/24/2023

Today’s competitive recruiting environment has employers rethinking their hiring criteria. Many have decided to scrap requirements that say applicants must have college degrees to even be considered for a job. But as with many things in life, there may be unintended consequences. One is a potential increase in lawsuits that allege bias in the hiring process.

OK to require training that may violate some religious beliefs

04/20/2023

Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

Post-pandemic, enforcement agencies step up oversight of hospitality and leisure industries

04/20/2023

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Warn supervisors against screening applicants by national origin

04/17/2023

This seems obvious, but apparently it needs restating: Managers and supervisors should never consider where an applicant was born when making hiring decisions. Two recent cases illustrate the peril.

Check for possible retaliation before approving discipline

04/17/2023

Before approving a termination, always review the case details. Be on the lookout for signs that the action might be motivated by a supervisor’s attempt to retaliate against the employee.

5 tips to support transgender employees in the workplace

04/10/2023

Transgender people are under attack. They often experience discrimination, harassment and a lack of understanding, including from their work colleagues and bosses. As an employer, it is important to create a safe and inclusive environment for all employees, including those who identify as transgender or gender-nonconforming. Here are five steps you can take.

Case of the Week: Ensure job descriptions reflect actual work

04/07/2023

Inaccurate or out-of-date job descriptions can trigger a variety of lawsuits, including allegations that you violated the Equal Pay Act or tolerated discrimination by paying some employees less than others who do the same or similar work.

Case of the Week: Blanket criminal history ban costs employer $2.7 million

03/30/2023

The EEOC has long taken the position that automatically barring those with criminal records from employment may disparately impact certain protected classes and therefore amount to race or national origin discrimination under Title VII. The agency says employers should evaluate each applicant’s record and assess whether the conviction is job related and a hiring ban is for a justifiable business reason.