News

Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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Checking in with the EEOC and their current focuses

What is the EEOC interested in now?

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Review outsourced training to ensure it’s free of risky content

Training provided by other vendors might not stand up to legal scrutiny. And not all outsourced anti-harassment training programs are of equal quality. It’s up to HR to make sure training materials are accurate, reliable and legal. Remember, whether you created the training or outsourced it, your organization is responsible for it.

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How to prevent family caregiver bias claims

While family caregiver discrimination is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), the FMLA and the ADA specifically protect employees with caregiving responsibilities.

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Title VII covers nontraditional beliefs, too

Almost all managers know they can’t fire someone because they’re Christian, Jewish, Muslim or any other mainstream religion. But Title VII also protects less well-known belief systems. Make sure bosses know that, too.

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Beware new class-action threat targeting smoker surcharges

Three Whole Foods employees claim the company’s benefits plan violates ERISA because plan administrators aren’t acting in the smoking employees’ best interests when they refuse to refund surcharges after employees quit using tobacco products.

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Pay-equity audit? Be prepared to show your work

To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.

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EEOC seeks to drop 6 gender-identity lawsuits

The EEOC has asked federal courts to drop lawsuits it previously filed alleging that employees experienced workplace discrimination and harassment because they are transgender. It’s a significant reversal for the EEOC in the early days of the Trump administration.

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Bias on basis of gender identity remains illegal despite EEOC promise to reverse course

In a statement, acting EEOC Chair Andrea Lucas said the EEOC “is returning to its mission of protecting women from sexual harassment and sex-based discrimination in the workplace by rolling back the Biden administration’s gender identity agenda.” But issuing a press release does not change official policy.

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Starbucks faces lawsuit claiming DEI is ‘pretext’ for discrimination

The state of Missouri is suing Starbucks, alleging that the coffee chain’s diversity, equity and inclusion programs are a “mere pretext for its actual commitment to unlawful discrimination.”

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Avoid age-bias complaints when discussing retirement

If it appears you’re pushing an employee out the door based on his age—or if you suddenly eliminate his position after discussing retirement—you’ll set yourself up for an age-discrimination lawsuit. Apply these tips to ensure well-intentioned conversations don’t trigger legal trouble.

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