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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Think twice before Googling for medical info

It is legally risky to run an internet search to find out more about job applicants, especially if you are looking for information about a medical condition. It’s too easy to find information that should play no role in the hiring process. The likely result: a disability discrimination lawsuit.

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EEOC data show rise in claims alleging neurodiversity discrimination

While still a small subset of EEOC disability discrimination cases, resolution of claims related to autism more than doubled between 2016 and 2023, rising from 0.4% of 1.5% disability bias cases.

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Litigation alternatives: While the EEOC is dropping bias cases, other advocates are stepping in

While the EEOC may not want to move ahead with cases it already filed on behalf of transgender employees, that does not mean employers are free to discriminate based on gender identity. There are still multiple avenues that employees can use to sue over the issue.

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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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