Discrimination / Harassment

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Inaccurate or out-of-date job descriptions can trigger a variety of lawsuits, including allegations that you violated the Equal Pay Act or tolerated discrimination by paying some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.

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?