Discrimination / Harassment

Review pension plan for age discrimination

05/07/2020

Here’s a $5.4 million reminder that discriminating on the basis of age when administering employee benefits violates federal law.

Root out all demographic hiring preferences

04/30/2020

We all know hiring managers shouldn’t discriminate against some candidates because of protected characteristics. It’s just as unlawful for them to favor certain candidates because they belong to a particular ethnic group or nationality.

Lack of right-to-sue letters isn’t good news

04/30/2020

In response to the coronavirus pandemic, the EEOC has temporarily stopped issuing right-to-sue letters, which give employees the greenlight to file discrimination and harassment lawsuits against their employers. When business starts up again, expect a flood of discrimination and harassment litigation.

#MeTooLate? Policy change won’t always stop lawsuits

04/23/2020

When the #MeToo movement exposed pervasive sexual harassment in corporate America, the board of directors at McDonald’s implemented anti-harassment policies that went far beyond what the law requires. Too bad that wasn’t enough to prevent what could prove to be a massive harassment lawsuit.

Don’t let assistive technology affect hiring

04/23/2020

Warn hiring managers not to disregard an applicant because assistive technologies indicate he or she might be disabled. Those systems provide evidence of bias that can be used against you in court.

Federal employees get extra age-bias help

04/16/2020

In a surprising 8-1 decision, the U.S. Supreme Court has ruled that a federal law, in Justice Samuel Alito’s words, “demands that personnel actions be untainted by any consideration of age.”

Heat still on for employers tolerating racial harassment

04/09/2020

Three cases filed against two employers show that, despite the COVID-19 pandemic, the EEOC is not slowing down in its efforts to punish employers that don’t take their anti-harassment responsibilities seriously.

EEOC sues over insurance-driven age bias

04/09/2020

For the second time this year, the EEOC has sued an employer for refusing to consider older candidates for specific jobs. In both cases, the employer decided not to hire or retain someone because their auto insurance policies would not cover workers 75 or older.

Supreme Court limits discrimination lawsuits

04/02/2020

In a unanimous decision, the U.S. Supreme Court on March 23 ruled that contractors alleging race discrimination must show that bias was the only reason an entity refused to enter into a contract.

Get ready for more failure-to-promote suits

03/19/2020

The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.