Discrimination / Harassment

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.

Step in to stop workplace toxicity that disproportionately harms women

03/29/2023

According to new research released in the MIT Sloan Management Review, women are 41% more likely than men to experience a toxic corporate culture. The pandemic appears to have widened the toxic-culture gender gap.

Layoffs on the horizon? Check for disparate impact before you cut jobs

03/27/2023

Before finalizing your list of employees to lay off, analyze the potential impact on newly hired workers. Will the terminated employees disproportionally belong to a particular protected class?

Case of the Week: Apply your dress and grooming policies consistently

03/24/2023

You probably have a policy that spells out your dress and grooming rules, which may limit certain employee clothing choices that might offend customers, clients or co-workers. But how you enforce that rule may mean the difference between winning quick dismissal of a discrimination lawsuit or a big jury award against your organization.

Be sure you can explain business-related rationale for firing decision

03/20/2023

Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

Your best practice for beating bias lawsuits: Keep accurate records of all HR decisions

03/16/2023

Here’s HR’s best employment-law bet: Assume every employee you fire will try to sue you. That means basing every termination decision on solid business-related reasons, documented in real time. Your good records will often be enough to get a lawsuit tossed out quickly.

Compliance guidance for the construction industry

03/16/2023

Employers in the construction industry face special challenges in complying with federal anti-discrimination and workplace safety laws. The nature of construction work, oversight by government enforcement agencies and the zeal of opportunistic plaintiffs’ lawyers make it essential for construction companies to nail their compliance responsibilities.

Witnessed wrongdoing? Here’s what to do

03/15/2023

Knowing how to respond to misconduct before you face it is essential for your long-term career and peace of mind.

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.