Discrimination / 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.

Outsource probe into high-level harassment

05/12/2022

HR pros face a quandary when an organization’s owner, CEO or other senior executive is accused of harassment. Either investigate and risk losing your job, or bury the complaint and lose your integrity. The solution: Engage an outsider such as an attorney to investigate the allegations and determine how to address them.

Layoffs: Check job-cut list for discrimination liability

04/28/2022

Any time you must lay off employees, carefully review the list of people who will lose their jobs. Reason: Reductions-in-force are magnets for discrimination lawsuits.

Avoid hiring based on preferred ‘look’

04/28/2022

In a fickle consumer market, you might be tempted to base hiring decisions on the kind of employees you think your customers might prefer. That could be a big mistake. Courts take a dim view of rejecting qualified applicants who don’t fit preconceived notions of who is a good fit or has the right “look” for service jobs.

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.