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.

Detailed personnel records defeat bias claim

Employers who keep detailed personnel records that include objective, fact-driven performance reviews often win discrimination lawsuits soon after the employee sues. Judges hold no desire to become your organization’s HR department and appreciate it when employers have the documentation that backs up their decisions.

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No ‘magic words’ needed for bias complaint

Employees are protected from retaliation for reporting discrimination or complaining about other Title VII violations. That’s true even if the employee doesn’t specifically state what kind of discrimination she’s charging, if she has generally been complaining about it over some time.

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Equal pay: Document how and why jobs differ

The only way for an employer to defend an Equal Pay Act lawsuit is to prove that the jobs aren’t substantially similar—or that the pay difference is attributable to some factor other than sex.

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Anti-military bias is self-inflicted wound

Treating military service as a negative factor in any employment decisions can backfire badly. The Uniformed Services Employment and Reemployment Rights Act makes that illegal.

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EEOC resumes processing some gender-identity cases

According to an internal email from the EEOC’s director of field operations, Thomas Colclough, cases will again be processed, with limitations.

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Territory bias was a million-dollar mistake

If you assign sales territories based even in part on territory demographics that mirror your employee’s protected characteristics, you may end up losing a discrimination lawsuit.

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Check your policies and stay cognizant of antisemitism at work

Jonathan Segal, a partner at Duane Morris LLP, tells HR professionals to stay cognizant as he witnesses “an explosion and evolution” of antisemitic views. He advises them to condemn antisemitism as they would other workplace -isms.

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RIF didn’t achieve business goals? OK to repost jobs that were previously cut

You may rightly worry that posting jobs similar to ones that were eliminated could spur a lawsuit. But if you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

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Painful periods? That’s no reason not to hire

The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

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How discrimination beliefs are driving resistance to DEI initiatives

When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

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