Discrimination / Harassment

DEI program survives lawsuit alleging reverse discrimination

03/25/2024

A recent 2nd Circuit Court of Appeals case may slow down the fight to kill DEI programs for employers that believe the initiatives are both necessary and serve a legitimate business purpose.

EEOC collects record $665 million from employers

03/25/2024

The EEOC collected a record amount of money for victims of employment discrimination, according to the agency’s Annual Performance Report for Fiscal Year 2023. The report says the EEOC took in $665 million from employers on behalf of workers, a 30% increase compared to FY 2022.

Accommodating religion: 6 commandments for managers

03/15/2024

With Easter landing on the last day of the month, religious discussions may begin floating through the workplace, and your HR department may receive accommodation requests for some of your team members. You are likely already aware of the caution needed for navigating religion in the workplace. Avoid discrimination and lawsuits with this quick refresher on accommodations and immediate courses of action.

How to save millions even if you lose in court: Good-faith investigation can prevent huge punitive damages

03/13/2024

Always investigate every HR complaint, even if you think it’s frivolous. Doing so can help you dodge a huge punitive awards verdict if a jury sides with a fired worker. What matters most is that the investigation is done in good faith.

Ensure all pre-employment qualification tests are specific to the job and your needs

03/11/2024

Once you have made a job offer, you can only require physical qualification tests that are job-related and consistent with business necessity. The rule is designed to ensure that tests don’t have a disparate negative impact on members of protected classes.

Require HR to review all religious accommodation requests

03/11/2024

Last June’s Groff v. DeJoy Supreme Court decision essentially requires employers to grant almost all employee requests for religious accommodations unless doing so would create an undue burden. Do not allow supervisors to make those decisions on their own. Once HR makes an accommodation plan, do not allow supervisors to deviate from it.

Small employers in EEOC’s crosshairs: Ensure owners understand age-bias rules

03/08/2024

If you’re an HR professional working for a small business, make sure all employees—including senior executives and the company’s owner—understand they can’t discriminate against older workers or harass them because of their age. The EEOC expects HR pros to speak truth to power by educating everyone on acceptable behavior.

Double-dip: Beware this new employee lawsuit tactic

03/04/2024

The EEOC complaint process gives employers a chance to investigate allegations and resolve the problem if possible. It also allows the opportunity to see what evidence the employee has and seek a settlement if the facts warrant it. But some aggressive plaintiffs’ attorneys have adopted a new litigation tactic—simultaneously filing both an EEOC complaint and a separate federal lawsuit alleging other related claims.

Lessen liability by quickly addressing sexual harassment

02/23/2024

Just having a policy that prohibits sexual harassment can prevent harassment from occurring. Most employers also make it easy for employees to report harassment they experience or witness.

Grant request for religious accommodation if at all possible

02/20/2024

Since the Supreme Court’s landmark religious accommodation decision in Groff v. DeJoy last June, the number of federal lawsuits alleging religious discrimination has increased. The litigation signals a major shift—and the need for employers to adopt a new way of thinking about religious accommodations.