Discrimination / Harassment

Ensure teen employees understand anti-harassment protections

01/31/2025

Many teenage employees have only a vague understanding of how the workplace works. They may have a ton of questions about everything from their job duties to when they will be paid. But most aren’t going to know what HR does or how to ask for help if a co-worker or supervisor is harassing them. That’s why it’s crucial for HR to educate teen workers about your anti-harassment policies and work rules before they begin work.

After Muldrow, beware routine management decisions that may trigger bias lawsuits

01/27/2025

Courts recognize that employers must be free to manage their workforces as they see fit—with some limitations. But that live-and-let-live ethos changed when the Supreme Court issued its Muldrow v. St. Louis decision in April 2024.

DOL renews partnership to end gender-based harassment

01/15/2025

The U.S. Department of Labor announced that its Women’s Bureau renewed a memorandum of understanding with the International Labour Organization office for the United States and Canada to continue working together to end gender-based violence and harassment in the world of work.

EEOC warns: ‘Wearables’ may cause workplace discrimination

01/03/2025

Wearables in the workplace are mostly perceived as benign management tools, although some complain they represent a dystopian step toward Big Brother surveillance. Now the EEOC has weighed in with a fact sheet warning that wearables could enable or perpetuate workplace discrimination and suggesting how employers can mitigate liability.

Employer lessons from 2024’s worst employee lawsuits

01/03/2025

It’s a new HR year and we’re here with some important lessons from the top four employment lawsuits of 2024. Don’t repeat these employer mistakes.

Expect to pay for ignoring persistent sexual harassment

12/23/2024

Ignoring an employee’s complaints that she was subject to ongoing sexual harassment just cost an employer more than $2 million. The EEOC sued on the employee’s behalf and won the largest damages award it has ever obtained in the Northern District of Texas, among the most conservative federal courts in the nation.

Avoid ‘overqualified’ label, often just another way to say ‘too old’

12/20/2024

Warn hiring managers to refrain from calling job candidates “overqualified.” It’s a legally explosive term that’s often construed as a polite way to call someone too old. At the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes.

Win lawsuits by documenting consistent, equitable interview process

12/16/2024

When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

Legacy of pay discrimination just cost this employer $43 million

12/16/2024

The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

Cost of denying vaccine-related religious-accommodation request? It’s measured in millions

12/06/2024

Before Groff v. DeJoy, an employer only had to show that approving a request for a religious accommodation would have “more than a de minimis” impact on the employer. That made turning down requests easy. Not anymore.