Workplace Harassment
The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
Read More‘Tis the Season for Employers to Review Their Employee Handbooks
With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur outside of the physical workplace, present distinct risks for employers. To maintain a safe, respectful, and healthy work environment, employers should consider…
Read MoreGood Policies, Good Results – Have You Checked Yours Lately?
A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…
Read MoreGun Reform: How Employers Can Protect Employees from Workplace Violence
Congress recently passed the Bipartisan Safer Communities Act, or gun reform legislation, that President Biden has now signed into law. Portions of this legislation may help reduce workplace violence that involves domestic abusers who pursue their partners at their workplaces. The gun reform legislation contains a provision that closes what is commonly known as the…
Read MoreEx-SHRM Worker Alleges Organization Let Bias Fester Behind ‘Principled Public Facade’
A self-described “brown-skinned Egyptian Arab woman” who worked for the Society for Human Resources Management filed a lawsuit against the organization June 30 alleging discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964 (Mohamed v. Society for Human Resource Management, No. 1:22-cv-01625 (D. Colo. June 30, 2022)). According to…
Read MoreTiming Matters – Failure to Respond and Act Promptly Can Create Liability
A recent case emphasizes the importance of timing – both in terms of reacting to reports of employee misconduct and in imposing discipline (particularly termination). As the U.S. Court of Appeals for the Eighth Circuit recently found, terminating an employee, based on conduct that occurred months earlier, shortly after they complain of discrimination certainly seems…
Read MoreEEOC Issues New Guidance on Religious Discrimination and Accommodation of Religious Beliefs
Whenever there is a change in federal administrations, employers must be aware of how various employment laws, rules and regulations will change. One hot topic in employment law, which has seen significant change in recent years, is religious discrimination and accommodation of religious beliefs in the workplace. This issue is pertinent, not only because of…
Read MoreFederal District Court Found That Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire
Over the past couple of months, we have been asked by our clients if there been any court rulings on whether companies can limit employees from wearing Black Lives Matter and other social justice attire to work. The answer is Yes. During this pandemic and the political and social unrest underlying the Black Lives Matter…
Read MoreEmployers Paid $439M to Resolve EEOC Discrimination Claims in 2020
Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…
Read MoreBiden Administration Issues Order on Gender Identity and Sexual Orientation
As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal agencies that enforce any laws that prohibit sex discrimination. In Bostock, the Court ruled that employees are protected…
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