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Discrimination / Harassment

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.

JPMorgan Chase to pay $9.8 mil for pay bias

11/25/2020
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has been at the forefront of confronting pay disparities between men and women. Lately the OFCCP has been on a roll.

Expect pressure to relax grooming standards

11/19/2020
United Parcel Service, with 525,000 employees, just became one of the largest employers to embrace more relaxed grooming standards. The change comes as more locales enact laws based on model legislation known as the Creating a Respectful and Open Workplace for Natural Hair Act.

Most employers tackled pay equity issues this year

11/16/2020
Sixty percent of employers say they are addressing pay equity in their organizations and 70% are taking action to make their workplaces more diverse, equitable and inclusive.

Compelling need required to demand ‘perfect English’

11/12/2020
Ensure supervisors understand they can’t require employees to be fluent English speakers unless it’s essential to performing their jobs. Insisting on “perfect English” can easily trigger an EEOC lawsuit.

Review diversity training for EO compliance

11/12/2020
A Trump administration executive order banning federal agencies and contractors from offering many common kinds of diversity training programs is drawing fire—and legal challenges.

Multiple businesses? Keep corporate records straight

11/05/2020
Employees who sue for discrimination under Title VII must show that the employer has at least 15 employees. But what about businesses with common ownership that are separate corporate entities?

Lucas sworn in as EEOC’s newest commissioner

11/05/2020
Management-side employment lawyer Andrea R. Lucas has been sworn in as the fifth commissioner of the EEOC. Lucas, nominated by President Trump in March, was confirmed in September to serve a term expiring in 2025.