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Discrimination / Harassment

Excuse nonbelievers from prayer at work

07/05/2022
The EEOC is suing a North Carolina residential construction and renovation company for violating Title VII of the Civil Rights Act when it required employees to attend prayer sessions at work.

Learn from Google’s $118 million pay-equity lesson

06/30/2022
Many employers regularly conduct equity studies to make sure their pay policies don’t discriminate based on gender, race or other protected characteristics. It’s considered a best practice to outsource those studies in order to blunt criticism that an internal review wasn’t thorough or accurate.

Investigate harassment no matter who is implicated

06/24/2022
The EEOC does not tolerate employers that ignore sexual harassment by senior leaders. You must immediately investigate such allegations, employing neutral outside investigators if possible.

Document how you tried to accommodate religion

06/09/2022
Employers must reasonably accommodate employees’ religious beliefs and need to worship. But it’s not an absolute mandate; the accommodation must be reasonable. If it would cause an undue hardship, employers must document their accommodation efforts and the disruption caused by unsuccessful attempts to accommodate religious needs.

Consider calling police for severe harassment

06/09/2022
If an employee complains about sexual harassment that has moved well beyond mere verbal abuse to include unwanted touching or other physical contact, it may be time to call the police. Serious allegations call for a robust response to protect the employee and your organization if the behavior repeats or escalates.

Assess policies, practices for LGBT inclusion

06/09/2022
June 15 is the second anniversary of U.S. Supreme Court’s 6-3 decision in Bostock v. Clayton County, which ruled employers cannot discriminate based on sexual orientation or gender identity. June is also Pride Month, making now a good time to review your legal obligations and perhaps reset policies to make your workplace more welcoming for lesbian, gay, bisexual and transgender employees.

Employers and employees give high marks to EEOC mediation

06/08/2022
Two new independent studies report overwhelming employer and employee satisfaction with the EEOC’s mediation program, as well as the commission’s transition from in-person to online mediation as a result of the coronavirus pandemic.

Wells Fargo shows how not to foster diversity

06/01/2022
78% of employers surveyed earlier this year by the WorldatWork association said they had recently either implemented or were planning to implement a diversity, equity and inclusion initiative at least in part to assist recruitment. But good intentions will only get you so far down the path toward workforce diversity. You also need buy-in from hiring managers. And merely paying lip service to your initiative may backfire.

Warn bosses about adverse action after bias complaint

05/26/2022
Once an employee’s discrimination lawsuit gets to court, anything can happen. In fact, it’s common for employees to lose on their initial discrimination or harassment claims but still win an associated retaliation claim. That’s why you must train managers that any adverse action—even as minor as a schedule change—can be interpreted as retaliation if it comes after an employee has complained about bias or harassment

Fairness can overcome managerial stupidity

05/26/2022
Employers that are generally fair and reasonable can bounce back from isolated instances in which managers make stupid mistakes that look discriminatory. Having a history of fair and transparent promotions and pay increases tends to demonstrate that an employer doesn’t intend to discriminate.