Discrimination / Harassment

National origin bias need not target specific country

01/07/2021

Discriminating on the basis of an employee’s national origin violates Title VII. But as one recent case shows, national origin discrimination doesn’t have to involve a particular nation.

Forced leave isn’t pregnancy accommodation

01/07/2021

Some pregnant women develop complications that require temporary restrictions. Be careful about how you handle those restrictions! Beware requiring a pregnant employee to take FMLA leave. And think twice about denying light-duty work as a reasonable accommodation.

Search EEOC’s new database of EEO-1 info

12/30/2020

The EEOC has just released a searchable database of the EEO-1 data it collects each year from large employers. It’s called EEOC Explore, and it can be a valuable resource for HR pros interested in benchmarking diversity initiatives and auditing hiring practices for possible bias.

#MeToo era: Say goodbye to token settlements

12/30/2020

Once upon a time, employers could make many sex discrimination and harassment complaints go away with a discreet, relatively small settlement. That’s a fairy tale now.

Ignore harassment complaints, plan on lawsuit

12/17/2020

Some managers mistakenly assume that if they ignore harassment complaints long enough, victims will quit and the problem will disappear. That’s wishful thinking.

Identify pay disparities, correct them now

12/10/2020

Here’s a reminder that employers should proactively revise their pay practices with an eye toward ending pay disparities. The fact is, agencies such as the EEOC are going all out to make sure women are paid as much as men, even if the differences are small or don’t last long.

Automated interviews raise bias concerns

12/10/2020

By automating part of the hiring process, there’s less scheduling hassle and more opportunity to quickly screen out clearly unqualified and unsuitable applicants while identifying the most promising candidates. But there are also disadvantages.

Stamp out supervisors’ racist behavior, racist slurs

12/03/2020

Make sure every supervisor understands that you do not tolerate any form of racism on the job, including use of racial slurs. Employers often pay dearly when bigotry rears its ugly head at work.

Red flag! 1 boss, many harassment complaints

12/03/2020

If more than one employee complains about a supervisor’s alleged harassment, it’s time to take a close look. Investigate ASAP. When you have a serial harasser on your hands, the problem will grow worse unless you intervene.

Class-action claims bias in coronavirus response

11/25/2020

As the coronavirus continues to wreak havoc in workplaces, a trickle of lawsuits that began in the spring has turned into a raging torrent. Lawyers are finding novel ways to litigate safety decisions employers made months ago, before the impact of the virus was as well understood as it is now.