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Discrimination / Harassment

Equal pay: Document how and why jobs differ

07/22/2025
The Equal Pay Act requires employers to pay members of each sex the same for performing work that is substantially the same. The only way for an employer to defend an EPA lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

EEOC resumes processing some gender-identity cases

07/21/2025
The EEOC has partially reversed course, resuming processing gender-identity cases but with additional agency review. According to an internal email from the EEOC’s director of field operations, Thomas Colclough, cases will again be processed, with limitations.

Check your policies and stay cognizant of antisemitism at work

07/14/2025
Jonathan Segal, a partner at Duane Morris LLP, tells HR professionals to stay cognizant as he witnesses “an explosion and evolution” of antisemitic views. He advises them to condemn antisemitism as they would other workplace -isms.

How discrimination beliefs are driving resistance to DEI initiatives

07/09/2025
When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

Dismiss racist taunts at your peril

07/09/2025
The cardinal rule for racist slurs and jokes is this: Never ignore a complaint without an investigation or assume an innocent intent. And watch what you say in emails!

Bystander harassment reporter has rights, too

07/07/2025
The EEOC has long said that one of the keys to stopping workplace harassment is to encourage bystander reporting, where individuals witnessing or hearing about apparent harassment report what they saw or heard to HR. But sometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger.

Painful periods? That’s no reason not to hire

06/23/2025
The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

How discrimination beliefs are driving resistance to DEI initiatives

06/23/2025
When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

Why EEOC’s refusal to pay state discrimination agencies means more lawsuits

06/17/2025
Recently, the EEOC indicated that it will no longer pay state anti-discrimination agencies for work they do on complaints involving gender identity discrimination or claims of disparate impact before they’re sent to the EEOC.

Downsizing DEI? RIFs may backfire

06/12/2025
It may be tempting to eliminate diversity, equity and inclusion policies entirely. But before you do so, consider the potential unintended consequences, especially if you lay off everyone you hired to run the programs. Those sidelined employees who were supposed to help you create a diverse workplace may sue you.