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Discrimination / Harassment

Harassment: Here’s why you want to make reporting it easy

12/20/2022
It is vital to encourage employees to report anything they think could be classified as sexual, racial or other harassment. Make reporting easy, offering multiple complaint avenues. Instruct supervisors and managers to say something if they see something.

Show us the money and pass the complaint form

12/20/2022
Pay transparency laws are spreading—brace yourself for unintended consequences.

ACLU wants the FTC to monitor algorithms

12/20/2022
Algorithms, or automated systems, already assist in hiring, weighing creditworthiness, screening tenants and determining whether someone is eligible for a mortgage. And the automated calculations are almost as biased and error-prone as humans, according to organizations such as the American Civil Liberties Union.

Speak Out Act means changes for NDAs

12/20/2022
Many employers require new employees to sign NDAs on the day they are hired. The agreements prevent employees from speaking out about a variety of workplace disputes. The Speak Out Act makes such NDAs unenforceable.

Don’t use citizenship as a hiring factor

12/20/2022
Most employers know they can’t take protected characteristics like age or disability into consideration. But some hiring managers may think it’s fine to bypass an applicant with a precarious legal immigration status in favor of a U.S. citizen based on the belief that citizens won’t lose the legal right to work. They are wrong.

Pre-employment pregnancy test? Don’t think about it

12/15/2022
If it looks illegal and smells illegal, then it’s illegal.

Title VII violated when Ford refused to hire pregnant woman who passed physical exam

12/15/2022
The Ford Motor Company must pay $115,000 to settle a pregnancy discrimination lawsuit.

Federal court sends EEOC’s LGBTQ guidance back to drawing board

12/15/2022
The Supreme Court rules—and then what happens? You must implement the ruling ASAP. In time, the EEOC may issue guidance on how to do just that. In this case, the EEOC’s guidance went too far. Texas challenged the guidance.

Promoting or hiring? Be sure to document why your choice is best

12/15/2022
Whenever you’re hiring or promoting from within and choosing from several candidates, someone is going to be disappointed. And that means there’s the potential for legal trouble if you don’t make sure your process was lawsuit-proof.

Religious accommodations and how to implement them

12/15/2022
Employers have a legal obligation to accommodate the sincerely held religious beliefs of their employees. Employers want to get it right but navigating religious accommodations can be tricky. Here is some practical information to help employers better understand their general obligations.