Discrimination / Harassment

Pregnancy accommodation could become law

02/17/2022

It’s been several years since significant worker-protection legislation has been enacted. That could be about to change. The Pregnant Workers’ Fairness Act is gaining support from Democrats and Republicans alike.

Check hiring records for signs of hidden bias

02/17/2022

It’s hard to know exactly what’s going on down on the retail, warehouse or factory floor when you’re not there. However, you must find out. Hiring managers may be ignoring HR rules in ways that could trigger employment lawsuits.

No more forced arbitration of harassment claims

02/15/2022

If you ask employees to sign agreements requiring arbitration of work-related disputes or claims, call a meeting with your attorney right away. Congress just passed and President Biden is expected to sign legislation that prohibits employers from requiring arbitration of sexual harassment claims.

Train bosses: No gender stereotypes at work

02/03/2022

In 1989, the U.S. Supreme Court decided in Price Waterhouse v. Hopkins that work rules based on stereotypes of how a woman should look and behave at work amounted to sex discrimination under Title VII. In 2020, the court expanded that protection to include stereotypes related to sexual orientation and transgender status.

Beware liability from ‘equal opportunity harasser’

01/27/2022

Because unlawful harassment must be aimed at a person who belongs to a protected class—based on race or sex, for example—“equal opportunity harassers” may be able to target all kinds of people without creating liability for their employers. But that may be about to change, thanks to a just-filed EEOC lawsuit.

Train bosses to avoid disability bias in hiring

01/27/2022

The EEOC, which enforces many of the nation’s anti-discrimination laws, is aggressively going after employers that put roadblocks in the way of hiring disabled people. Stay ahead of the feds by ensuring hiring managers know how the law protects disabled applicants.

I-9 document bias: Lessons from the Gap case

01/20/2022

When completing I-9 forms, HR professionals often focus too much on being “form enforcers” without realizing they could face discrimination charges for demanding that new hires produce certain documents.

Beware bias suits when raising starting pay

01/20/2022

In this tight labor market, many employers have decided to raise starting pay in order to attract qualified job candidates. However, that can cause unintended consequences if new hires are paid more than current employees, who could decide to sue for some kind of discrimination.

You risk bias lawsuits if you bypass promotion rules

01/12/2022

When considering promoting an employee, carefully track all of the steps in the promotion process, from the initial job announcement to the final decision. Be sure to follow all your promotion procedures. And never let favoritism taint the process. Otherwise, you could be courting a bias lawsuit.

Harassment settlement requires boss accountability

01/06/2022

The EEOC has settled another sexual-harassment case for more than $1 million. It also extracted a novel promise from the employer: It will hold managers accountable for enforcing anti-harassment rules by making compliance one of their performance objectives.