Discrimination / Harassment

Consider calling police for severe harassment

06/09/2022

If an employee complains about sexual harassment that has moved well beyond mere verbal abuse to include unwanted touching or other physical contact, it may be time to call the police. Serious allegations call for a robust response to protect the employee and your organization if the behavior repeats or escalates.

Assess policies, practices for LGBT inclusion

06/09/2022

June 15 is the second anniversary of U.S. Supreme Court’s 6-3 decision in Bostock v. Clayton County, which ruled employers cannot discriminate based on sexual orientation or gender identity. June is also Pride Month, making now a good time to review your legal obligations and perhaps reset policies to make your workplace more welcoming for lesbian, gay, bisexual and transgender employees.

Employers and employees give high marks to EEOC mediation

06/08/2022

Two new independent studies report overwhelming employer and employee satisfaction with the EEOC’s mediation program, as well as the commission’s transition from in-person to online mediation as a result of the coronavirus pandemic.

Wells Fargo shows how not to foster diversity

06/01/2022

78% of employers surveyed earlier this year by the WorldatWork association said they had recently either implemented or were planning to implement a diversity, equity and inclusion initiative at least in part to assist recruitment. But good intentions will only get you so far down the path toward workforce diversity. You also need buy-in from hiring managers. And merely paying lip service to your initiative may backfire.

Warn bosses about adverse action after bias complaint

05/26/2022

Once an employee’s discrimination lawsuit gets to court, anything can happen. In fact, it’s common for employees to lose on their initial discrimination or harassment claims but still win an associated retaliation claim. That’s why you must train managers that any adverse action—even as minor as a schedule change—can be interpreted as retaliation if it comes after an employee has complained about bias or harassment

Fairness can overcome managerial stupidity

05/26/2022

Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.

From retired to rehired: Beware liability risks

05/24/2022

The recently “unretired” are more likely than younger workers to trigger Age Discrimination in Employment Act complaints in both the short term and in the future if they wind up losing their jobs in an economic downturn. Let’s look at the risks and how to mitigate them.

EEOC lawsuit alleges discriminatory AI screening

05/19/2022

Using software based on artificial intelligence and other algorithm systems has helped streamline the hiring process at many companies. Those programs are often touted as a way to keep bias from tainting the hiring process. But recent guidance from the EEOC and Department of Justice says AI can sometimes lead to more discrimination, not less.

Federal contractor? Beware OFCCP audits

05/19/2022

When a company signs a contract to perform work for the federal government, it agrees that the Department of Labor’s Office of Federal Contract Compliance Programs can conduct routine audits of its labor practices. Those audits can be far-reaching—and if some form of discrimination is uncovered, the DOL is empowered to bring charges.

EEOC, DOJ warn about AI and disability bias

05/17/2022

The EEOC and the Civil Rights Division of the U.S. Department of Justice have released guidance on how employers can avoid discriminating against disabled applicants and employees when using artificial intelligence software or other algorithmic tools to make HR decisions.