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Discrimination / Harassment

Prepare for the onslaught of COVID ‘tag-along’ claims

03/18/2021
A former manager at a New York ice cream shop filed a lawsuit alleging that he was fired in retaliation for speaking up about instances of sexual harassment and unsafe COVID-19 workplace protocols at the company. The “and” is vitally important.

Assure gender equity by assessing your operations

03/18/2021
The Biden administration is signaling it is serious about addressing pay disparities between women and men in the workplace. A White House executive order issued March 8 established a Gender Policy Council to help combat systemic, gender-based bias and harassment.

Document why hiring committee was overruled

03/18/2021
Having a group of employees interview job applicants is a great way to identify the best candidates. But a would-be supervisor may disagree with a hiring committee’s candidate recommendation. If that happens, be sure to document exactly why he or she rejected the committee’s choice.

Snapshot: EEOC charges continue to decline

03/16/2021
The number of EEOC charges fell again in Fiscal Year 2020, continuing a decade-long trend.

EEOC, NLRB general counsels sacked in unprecedented moves

03/09/2021
President Biden has defied tradition, firing the general counsels of both the EEOC and the National Labor Relations Board.

Snapshot: EEOC disability discrimination claims, 2000 – 2020

03/09/2021
Rising steadily since 2000, disability discrimination is now the most common EEOC bias charge.

EEOC charges drop again, employers still pay

03/09/2021
The EEOC handled 67,448 discrimination and harassment claims in Fiscal Year 2020, the fourth straight year charges have dropped.

Religion accommodation need is early, ongoing

03/04/2021
Applicants and employees alike are entitled to reasonable accommodation of their religious needs. That obligation starts at the beginning of the hiring process and continues throughout employment. Two cases involving adherents to the Seventh Day Adventist faith demonstrate this.

Paycheck Fairness Act introduced again, and this time it could pass

02/23/2021
The PFA places a high bar in front of employers trying to justify differentials between the wages paid to women and men.

Congress takes up legislation that could affect HR, employers

02/23/2021
For the first weeks of 2021, Congress has focused on other matters—the Capitol insurrection, impeachment, President Biden’s cabinet nominees, the coronavirus relief initiative—but now it is turning to new legislation that could affect employers.