Discrimination / Harassment

Didn’t know about customer harassment? Unless you were reckless, you won’t be liable

08/19/2024

Under Title VII of the Civil Rights Act, employers are liable for the sexual harassment of their employees unless they have a solid no-harassment policy, a clear process for bringing harassment to management’s attention and a process to stop harassment as soon as possible. Employers must still try to prevent and stop the harassment, but employees are unlikely to win in court unless they can show that their employer recklessly permitted the customer harassment.

Beware workplace bullying, now potentially grounds for lawsuit

08/19/2024

In April, the Supreme Court’s decision in Muldrow v. City of St. Louis lowered the standard for what constitutes sex discrimination. The case substantially changed the rules on what employees must prove to win a discrimination case. At the time, management-side employment lawyers predicted the ruling would unleash a flood of lawsuits. Now we have one of the first cases testing the ruling’s limits.

Million-dollar mistake: Nonprofit employing disabled workers zapped for disability bias

08/14/2024

One would assume that a nonprofit company created to employ disabled workers would be up on anti-disability discrimination rules. Alas, no, if a recent EEOC settlement is any indication.

Understanding internalized gender and racial bias in feedback

08/14/2024

Recent data analysis from Textio, a company that says it was built to help companies hire and develop remarkable teams, highlights a critical issue in the workplace: the internalization of gender and racial bias in performance feedback. These biases significantly impact how feedback is perceived and processed by employees, affecting their performance, morale and even career progression.

Here’s what the EEOC’s lawyers are focusing on this year

08/12/2024

Despite the looming election and Supreme Court decisions that could eventually curtail the influence of federal agencies, the EEOC continues to push an aggressively pro-employee agenda, and it’s committed to filing lawsuits against employers that violate anti-discrimination and anti-harassment laws.

HR pros: Courts will hold you to the highest standards

08/12/2024

The ethics of our profession require HR practitioners and leaders to behave in ways that are beyond reproach when it comes to carrying out HR duties and in their personal conduct at work. That’s especially true when it comes to administering anti-bias and anti-harassment policies. When those who are supposed to guarantee a bias-free work environment are the source of bias and harassment, that is a potent source of legal risk.

You don’t have to be an EEOC mind reader: When it comes to harassment, rely on latest guidance

08/09/2024

In April, the EEOC released Enforcement Guidance on Harassment in the Workplace, a comprehensive online resource a commission statement said was intended to help “employers in creating respectful workplaces.” As a practical matter, the guidance created a one-stop resource employers can use to update their harassment rules, addressing all forms of harassment covered by Title VII of the Civil Rights Act.

Empower supervisors to accommodate pregnant subordinates

08/09/2024

The Pregnant Workers Fairness Act requires employers to reasonably accommodate pregnancy-related conditions. Recently issued EEOC guidance on the PWFA makes it clear that employers need to empower first-line supervisors to make many of those accommodations on the spot with little or no documentation. A recent case highlights why it’s essential to delegate PWFA accommodations authority to front-line managers and supervisors.

Beware relying solely on AI to screen job applicants

08/02/2024

Employers looking to hire staff increasingly turn to artificial intelligence programs to help them screen candidates. A recent case shows the perils of automated systems and the inherent risk some pose.

Natty dread: Avoid grooming rules that ban religious hairstyles

07/19/2024

Last year’s blockbuster Supreme Court opinion in Groff v. DeJoy required employers to accommodate almost all religious accommodations requested by employees. However, it’s clear that many employers haven’t yet revamped their policies in light of the ruling—and that’s triggering a flurry of EEOC complaints and religious-discrimination lawsuits.