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Discrimination / Harassment

Should you remove ‘he’ & ‘she’ from handbook?

04/22/2021
As more employers take steps to make nonbinary individuals feel more comfortable in the workplace, some organization are working to create gender-neutral employee policies and handbooks.

EEOC updates guidance on religious discrimination, accommodations

04/22/2021
For the first time since 2008, the EEOC has updated its guidance on enforcement of Title VII religious discrimination cases. The new guidance reflects conclusions drawn from recent EEOC litigation, as well as its current thinking on accommodating religious beliefs and practices.

Title VII covers nontraditional beliefs, too

04/22/2021
Title VII of the Civil Rights Act protects employees from discrimination based on their religious beliefs. That sounds simple enough. Almost all managers know they can’t fire someone because they’re Christian, Jewish, Muslim or any other mainstream religion. But Title VII also protects less well-known belief systems.

‘Hear no evil, see no evil’ is a manager’s worst possible anti-harassment strategy

04/15/2021
Make sure your supervisors know that they have a direct obligation—both legally and for company policy reasons—to pass along to HR any complaints of harassing or discriminatory behavior that they hear about from their employees.

White House infrastructure plan would bring changes for employers

04/15/2021
The Biden administration’s infrastructure proposal—tentatively titled the American Jobs Plan—was unveiled March 31 and is still in draft form. Taken together, the proposals written into the AJP could affect how employers run their workplaces for decades to come. Here are some of the expected highlights.

Religious accommodation bar still low, for now

04/15/2021
Since 1977, employees have unsuccessfully asked the Supreme Court to adopt a higher standard for religious accommodation. That plaintiff’s losing streak may not last long.

Ensure young supervisors understand risk of age bias

04/08/2021
When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

Telework may bring more harassment, not less

04/08/2021
Home may not be the safe space many imagined a year ago. Remote workers experience more workplace harassment, not less, according to a new survey by the nonprofit Project Include.

It’s time to scrap pay-secrecy policies

04/01/2021
Traditionally, employers have tried to keep a lid on compensation-related discord by asking employees not to discuss pay. To some extent, that’s just the way it’s always been. But today, no-talk-about-pay rules are under legal assault, challenged for violating the law and helping perpetuate income inequality.

Shootings shine spotlight on anti-AAPI bias

04/01/2021
Mass murders last month at Atlanta-area massage parlors highlighted the growing threat of violence against Asian Americans and Pacific Islanders. The EEOC quickly issued a statement condemning the violence—and foreshadowing greater enforcement against those who harass members of the AAPI community.