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Discrimination / Harassment

Using AI in hiring? Beware liability for bias

04/21/2022
Employers increasingly rely on artificial intelligence-based software to manage the hiring process. But critics of AI software claim discrimination may be baked into the algorithms.

Don’t suggest retirement in lieu of discipline

04/14/2022
Take care when disciplining older workers. You could be falsely accused of age discrimination if you end up firing the employee. Even a well-intentioned suggestion that the employee may want to retire rather than face termination can be a huge mistake.

Beware suits claiming Section 1981 violations

04/07/2022
Employees are limited in the amount of damages for emotional distress or mental anguish they can collect if they sue under Title VII of the Civil Rights Act of 1964. However, clever attorneys have found a way around these caps when bringing race and ethnicity discrimination cases.

EEOC charges drop again, sink to 24-year low

04/05/2022
EEOC discrimination charges fell again in fiscal year 2021, continuing a 10-year decline. With 61,331 charges filed, FY 2021 saw about 6,000 fewer complaints alleging some form of bias, retaliation or harassment than in FY 2020.

Act fast to lessen liability for racial harassment

03/31/2022
As distasteful as bigoted speech may be, an employee’s single use of a racial slur isn’t always grounds for a successful harassment lawsuit—if the employer swiftly punishes the offending employee and it doesn’t happen again.

Investigate all bystander harassment reports

03/24/2022
The EEOC believes one of the best ways to stop managerial sexual harassment is to encourage bystander reporting. Ignoring a bystander’s harassment report is practically asking for a lawsuit.

CROWN Act would ban bias on basis of hairstyles

03/24/2022
The House of Representatives has passed legislation that would prohibit workplace discrimination against employees on the basis of hair texture or hairstyles commonly associated with a particular race, ethnicity or national origin.

EEOC warns against caregiver stereotyping

03/24/2022
The EEOC has issued new guidance that warns against making assumptions based on the possibility that an applicant or employee might one day have to take time off to assume a caregiving role. The EEOC guidance offers these scenarios as examples of situations that could create employer liability.

Illegal harassment vs. legal (but still wrong) bullying

03/17/2022
Nate’s mistreatment of Will in Season 2 of the hit TV show Ted Lasso is uncomfortable to watch and horrendous management. But is it illegal? The answer is no.

War puts national origin bias in the spotlight

03/17/2022
After 9/11, workplace harassment of Muslims increased in the United States. During COVID, the EEOC reported a spike in discrimination against workers of Asian descent. Now legal experts are warning that Russia’s invasion of Ukraine is causing some Russian-American employees in this country—and even simply employees with Eastern European accents—to be harassed and discriminated against based on their national origin.