Discrimination / Harassment

Transfer accused harasser, not alleged victim

08/13/2021

When allegations of sexual harassment arise, it’s common sense to separate the alleged harasser and the alleged victim. Do so by transferring the person who has been accused of harassment. Any effort to move the alleged victim is liable to be construed as retaliation for having reported harassment.

Be alert for harassment driven by politics

07/22/2021

The political acrimony that divides the country these days can spill over into work. Employees who believe they have been harassed because of their political views can often find an attorney willing to represent them in a lawsuit.

Jury to Walmart: $125 million for disability bias

07/22/2021

A massive award in an EEOC lawsuit sends a powerful message: Courts have little patience for employers that discriminate against disabled workers, and won’t hesitate to make them pay.

Snapshot: What happens to employees who file EEOC bias complaints?

07/20/2021

An analysis of 683,419 discrimination claims filed from 2012 to 2016 found that complaining to the EEOC rarely turns out well for employees.

Anti-harassment training in the post-COVID era: HR’s new role

07/15/2021

The dramatic return of sexual harassment cases to the forefront of pop culture and employment litigation the past couple years should serve as a wake-up call to human resource professionals to reconsider whether they are relying on outdated and awkward harassment training videos or other boilerplate programs.

Bias costs half the value of federal contract

07/08/2021

If your employer does business with the federal government, it is vitally important to ensure your workplace is free of discrimination—with the backing of strong anti-discrimination policies.

Supreme Court declines do-overs on anti-LGBT bias

07/08/2021

When the U.S. Supreme Court closed out its 2020-2021 term, it signaled that even with a 6-3 conservative majority, it has no appetite for revisiting culture-wars cases involving gender identity and sexual orientation.

ADA-like process helps accommodate religion

07/01/2021

Do you know how to handle a worker’s request for a religious accommodation? If not, a recently filed case offers a lesson on how to proceed. So does the process you usually follow to accommodate ADA disabilities.

EEOC issues new resources on LGBT bias

07/01/2021

The commission even developed a new acronym for bias against LGBT employees: SOGI, which stands for sexual orientation and gender identity discrimination.

High Court: Only 3 cases affected employers

06/29/2021

No case in this term rose to the level of last year’s Bostock v. Clayton County, a blockbuster decision that said Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender. However, these cases matter to employers.