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Employment Law

Beware diversity goals that cause reverse bias

11/18/2021
Employers are eager to recruit talent from every background, regardless of race, ethnicity, gender, religion or other protected characteristics. And they’re launching organization-wide initiatives to achieve their diversity goals. But sometimes, diversity initiatives can backfire, triggering lawsuits that allege reverse discrimination against majority-group members who perceive they’re missing out on opportunities for which they are qualified.

3 federal agencies team up to stop retaliation

11/18/2021
The U.S. Department of Labor, the EEOC and the National Labor Relations Board are responsible for enforcing most federal anti-discrimination laws affecting workers and the workplace. Concerned with an increase in the number of employee lawsuits accusing employers of retaliation, those three agencies have joined forces to raise awareness about the problem.

EEOC casts a skeptical eye on the use of AI in hiring

11/11/2021
Employers considering adding or expanding use of artificial intelligence programs to screen job applicants, take note: The EEOC has announced a new initiative to examine the use of AI in hiring.

Train executives on FLSA classification rules

11/11/2021
Plaintiffs’ lawyers love to file lawsuits alleging an employee was improperly classified as a manager under the Fair Labor Standards Act. That’s because just one misclassification mistake can force employers to pay out hundreds of thousands of dollars in back pay and penalties. Avoid that fate by training everyone with the authority to set job duties, schedules and pay how to properly classify workers as either exempt or hourly.

EEOC: Customer preference irrelevant in hiring

11/11/2021
When the Supreme Court ruled in 2020 that discrimination based on sexual orientation or gender identity is sex discrimination under Title VII of the Civil Rights Act, the EEOC began filing a series of lawsuits, like this one.

Survey: Most employers conduct pay equity reviews

11/09/2021
Nearly three in five employers—58%—voluntarily conduct pay equity reviews to identify possible pay differences between employees performing similar work, according to new research by the Society for Human Resource Management.

Firing during FMLA leave? Prove FMLA wasn’t reason

11/04/2021
Employees cannot be fired for taking FMLA leave. If you must terminate someone who has taken FMLA leave, be prepared to show it had nothing to do with their leave-taking. Do that by contemporaneously documenting what led to the termination and when you made the decision to fire.

Document ADA requests to prove good faith

11/04/2021
The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Know the tech tools that aid union organizing

11/02/2021
Until recently, unhappy workers could only grouse among themselves during breaks or after work. Not anymore! Now, workers enthusiastically use social media to take their concerns public and initiate union-organizing activity. These are the tech tools workers are using to accelerate union organizing. Get familiar with them and monitor them so you have time to develop an effective response.

‘Attractive people should expect harassment’: Really!?

10/28/2021
When a female security guard complained that a male co-worker verbally and physically harassed her, her supervisor’s only response was telling her “she should expect sexual harassment based on her appearance.”