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Discrimination / Harassment

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.

Agencies address gender-based harassment

07/17/2024
The Department of Labor and the EEOC addressed gender-based violence and harassment in the workplace recently. They noted the prevalence of the problem and that dealing with it takes a toll on the victim’s physical and mental health.

Failure to investigate lands HR in trouble

07/17/2024
Employers must investigate every harassment claim. That’s true even when the alleged harasser is an owner or executive.

Prepare to pay up if you insist on English fluency or prohibit other languages on the job

07/15/2024
While English is the dominant U.S. language, it certainly isn’t the only one spoken in our multicultural society. In fact, employers that insist on English fluency or prohibit speaking another language at work may find themselves running afoul of Title VII of the Civil Rights Act and other employment laws, as one employer recently discovered.

More older workers may mean more age-bias, disability-discrimination lawsuits

07/15/2024
Older workers make up an increasingly large share of the workforce, and EEOC charges alleging age-based discrimination increased to 14,144 in fiscal year 2023, up sharply from 11,500 the year before.

Anniversary: Civil Rights Act of 1964 hits 60

07/15/2024
July 2 marked the 60th anniversary of the signing of the Civil Rights Act of 1964. The landmark legislation outlawed, among other things, workplace discrimination based on race, color, religion, sex and national origins.

Can it get worse than this?

07/11/2024
It’s not a rhetorical question. We spend the vast majority of our time on tax and payroll issues, as you would expect. So we don’t often run across examples of sexually harassing behavior, let alone something this egregious. But we highlight it when we do, because we all deserve to work in a safe place, free of harassment.