Discrimination / Harassment

Your anti-harassment obligations are 24/7/365

05/17/2023

An employer has the same obligations whether the harassment takes place in the workplace during working hours, in the break room, at the bar during happy hour, via text message or social media, in a grocery store aisle or in outer space.

390,000 good reasons to open official-looking mail

05/17/2023

Three women sued a limousine company claiming they weren’t hired as chauffeurs because of their gender. But the company never responded to the legal documents from the court.

Beware dress codes with gender-specific rules

05/15/2023

If your dress and grooming code includes gender-specific requirements, you could be courting a sex-discrimination lawsuit.

Honoring pronoun and gendering preferences proves complicated

05/12/2023

Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

Manage the balancing act when accommodating employees’ religious beliefs

05/08/2023

Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion and requires employers to reasonably accommodate an employee’s sincerely held religious beliefs and practices, can sometimes clash with employers’ legitimate business needs and may cause employee-relations problems. Here’s how employers can balance their own needs with their duty to accommodate workers’ religious beliefs and practices.

How HR should use AI: NYC law offers practical guidance

05/08/2023

More and more employers are using artificial intelligence software to improve HR processes such as recruitment, hiring and onboarding. Already, several states and cities have passed laws dictating how AI can and cannot be deployed, including in the HR field.

EEOC, other agencies monitoring AI’s impact on perpetuating discrimination

05/01/2023

The EEOC has joined forces with the Consumer Financial Protection Bureau, the Federal Trade Commission and the Justice Department’s Civil Rights Division to step up oversight of how artificial intelligence software might perpetuate unlawful discrimination.

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