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Discrimination / Harassment

EEOC test case argues for even more telework

09/30/2021
Last year, the EEOC endorsed remote work as an effective accommodation for disabled employees with pre-existing health conditions that made them more susceptible to infection. Now the EEOC has launched a lawsuit testing the argument that telework should be an accommodation even for workers who aren’t technically disabled but are at higher risk of covid-related complications.

Ensure post-offer tests are job-related and necessary

09/23/2021
Making a job offer is a de facto acknowledgement that you believe the applicant was qualified for the position. If you make the offer contingent on passing some sort of pre-employment test, make sure the test is job-related and consistent with business necessity. Otherwise, you are courting lawsuits that likely favor applicants who fail the test.

Insist on HR approval before revoking offer

09/23/2021
As an HR professional, your role is to help your organization run well while staying out of legal trouble. Doing that means guiding hiring and firing decisions so they don’t inadvertently trigger a lawsuit. Train all your supervisors to seek your input before acting on any hiring or firing decision.

Beware associational bias arising from covid

09/16/2021
Associational discrimination is discrimination against an employee or applicant because of their association with a member of a protected class to which the employee does not belong. The consequences of covid-19 infections raise the possibility of new forms of associational discrimination and retaliation.

Cuomo case offers key lessons for employers

09/16/2021
The New York attorney general’s report on sexual harassment allegations that led to former Gov. Andrew Cuomo’s resignation offers plenty of good insights for employers on anti-harassment training and communication.

Lack of leadership hinders employers’ DEI initiatives

09/14/2021
While some employers have successfully implemented measures to increase diversity, equity and inclusion within their workforces, new data from the Society for Human Resource Management found that many others have failed to follow through on their DEI commitments.

DOL could use EEO-1 data against employers

09/09/2021
A recent policy change by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs could open the door for more federal scrutiny of employers’ employment practices.

Threat to report Hispanic workers is harassment

09/02/2021
Telling Hispanic workers they will be reported to U.S. Immigration and Customs Enforcement can constitute harassment based on national origin. If employees complain to the EEOC, prepare to pay.

Lawsuit: Confederate flag signals harassment

08/26/2021
Most employers train supervisors to spot signs of a hostile work environment and fix it before an unhappy employee sues. The trick is to recognize the red flags—sometimes literally.

EEO-1 deadline extended to Oct. 25

08/24/2021
The EEOC has again pushed back the deadline for employers to submit their 2019 and 2020 EEO-1 reports.