Discrimination / Harassment

Respond to shifting burdens of proof in discrimination lawsuits

03/06/2023

Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test is often referred to as the McDonnell-Douglas burden-shifting test.

Be prepared to explain pay disparities

02/27/2023

It’s fine to pay some workers more than others. The key is understanding the federal Equal Pay Act and its state equivalents.

Poll: More than half of workers over the age of 40 have experienced discrimination

02/23/2023

Age bias is alive and well in the workplace 56 years after enactment of the Age Discrimination in Employment Act, according to a new survey conducted by Moneyzine.com.

Beware the latest HR legal danger: Stockholder lawsuits

02/21/2023

There’s a new HR danger out there: Shareholders can now sue corporate officers—including the professionals who head up HR departments—for breach of fiduciary duty.

Revise handbook to address remote harassment

02/21/2023

If you haven’t reviewed your employee handbook in the last year or so and updated it to reflect new laws and important HR trends, you should do so soon. Otherwise, you’re probably working with an outdated and legally risky document that may do more harm than good. Here are some proactive handbook changes to consider making now to address harassment issues that can arise when employees work remotely.

Offer equal access to high-quality training

02/16/2023

A federal appeals court has ruled that unequal or inadequate training may be an adverse employment action that can justify a discrimination lawsuit—just like demotion, failure to promote and termination.

Consider single process for accommodations

02/16/2023

Now might be the right time to standardize your processes for handling reasonable accommodations. Two new laws requiring accommodations just went on the books.

Decided to terminate? Don’t wait to act

02/13/2023

Once you have made the decision to fire a worker, try to carry out the firing promptly. Delaying can backfire. If you must wait, write a memo memorializing when and why you made the discharge decision. That documentation can help you later if the terminated worker files a lawsuit.

EEOC launches offensive against AI at work

02/07/2023

For years, artificial intelligence has been the next big thing, touted as the technology poised to transform how all kinds of business processes are conceived, developed and performed. Now, what was once a tantalizing promise seems on the verge of becoming a revolutionary reality.

Accommodate hairstyles based on religious beliefs

02/03/2023

Discrimination lawsuits involving hairstyles are all the rage—as are new laws and regulations protecting natural and ethnic hairstyles.