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Employment Law

Train employees on ‘bystander’ responsibilities to report harassment

04/24/2023
In 2016, the EEOC released a report that said reducing sexual harassment at work often depends on co-workers being willing to report misbehavior when they witness it. Since then, it has been largely up to employers to define policies for so-called bystander reporting. Here’s how to structure bystander training that prevents sexual harassment instead of merely reporting it after the fact.

Dropping degree requirement? It could trigger discrimination lawsuits

04/24/2023
Today’s competitive recruiting environment has employers rethinking their hiring criteria. Many have decided to scrap requirements that say applicants must have college degrees to even be considered for a job. But as with many things in life, there may be unintended consequences. One is a potential increase in lawsuits that allege bias in the hiring process.

ADA accommodations depend on accurate job descriptions

04/20/2023
An up-to-date job description is essential for making ADA accommodation decisions.

OK to require training that may violate some religious beliefs

04/20/2023
Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

Post-pandemic, enforcement agencies step up oversight of hospitality and leisure industries

04/20/2023
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Understand your obligation to accommodate disabilities arising from long COVID

04/17/2023
With the national COVID-19 pandemic emergency set to expire on May 11, it’s tempting to put the coronavirus crisis behind us. Unfortunately, it won’t be easy. That’s because millions of American workers may be disabled in the aftermath of one or more bouts with COVID-19 and its variants, suffering from post-COVID conditions commonly called long COVID.

Warn supervisors against screening applicants by national origin

04/17/2023
This seems obvious, but apparently it needs restating: Managers and supervisors should never consider where an applicant was born when making hiring decisions. Two recent cases illustrate the peril.

Check for possible retaliation before approving discipline

04/17/2023
Before approving a termination, always review the case details. Be on the lookout for signs that the action might be motivated by a supervisor’s attempt to retaliate against the employee.

5 tips to support transgender employees in the workplace

04/10/2023
Transgender people are under attack. They often experience discrimination, harassment and a lack of understanding, including from their work colleagues and bosses. As an employer, it is important to create a safe and inclusive environment for all employees, including those who identify as transgender or gender-nonconforming. Here are five steps you can take.

PUMP Act becomes effective April 28

04/10/2023
The PUMP Act, enacted as part of the Consolidated Appropriations Act, 2023, extends FLSA-protected unpaid lactation breaks to nursing mothers who are exempt employees. The law becomes effective April 28. The Department of Labor has already revised Fact Sheet #73 to account for this change. It’s also created some new resources ahead of the law’s effective date.