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Articles Posted in Discrimination and Unlawful Harassment

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Yes, your business can make all customers wear face coverings. Even folks that claim that they can’t.

Image by Viktor Ivanchenko from Pixabay A few months ago, I blogged here about a lawsuit filed in a Pennsylvania federal court in which a plaintiff alleged that a grocery store’s inflexible policy of requiring all customers to face coverings — even the ones with documented medical issues — violated…

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Business groups give 👎 on new limits to diversity training. SHRM too — maybe.

Image by Alexas_Fotos from Pixabay The saga continues following new rules prohibiting federal contractors from conducting certain types of diversity training. Yesterday, the U.S. Chamber of Commerce and over 100 business groups wrote this letter to the White House asking it to reconsider Executive Order 13950, Combating Race and Sex…

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“Well, you’re kind of getting up there in years, you’re at retirement age, you go one way and the company’s going the other.”

Image by mohamed Hassan from Pixabay If I’m taking the plaintiff’s deposition, and I hear these words escape his lips when describing the termination meeting with this supervisor, well, I’m not sure how I would go about maintaining my poker face. So, pick your Thursday tune — Lady Gaga [YouTube;…

Posted in: Age
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Trust me. It’s not a good look when the EEOC thinks that you haven’t hired a woman in over 30 years!!!

Photo by lpdesigns form PxHere I’m conflicted. There’s this great age discrimination opinion about which I planned to blog today. It involved an awkward moment at a termination meeting, where the supervisor of a 40-year employee allegedly told him, “Well, you’re kind of getting up there in years, you’re at…

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Why countersuing an employee can be a recipe for disaster!

Image by Gerd Altmann from Pixabay Rarely — and by “rarely,” I mean usually — I’ll have an employer client ask me about countersuing an employee that has just sued the company. First, you’re probably just throwing good money after bad. But, I generally don’t debate this with my more…

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What actually happens if the EEOC thinks we discriminated against an employee? 😮

Image by Ohmydearlife from Pixabay Imagine not only facing a Charge of Discrimination that one of your employees has filed with the United States Equal Employment Opportunity Commission but also enduring an investigation where the EEOC ultimately concludes there is reasonable cause to believe discrimination has occurred. Uggh. What’s next?…

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OFCCP elaborates on what kind of diversity training government contractors can (and can’t) do.

U.S. Government / Public domain As Microsoft deals with a government investigation into its diversity hiring program, the rest of you federal contractors should take note of these new Office of Federal Contract Compliance Programs (OFFCP) guidelines addressing the White House “Executive Order on Combating Race and Sex Stereotyping.” (You…

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Free COVID-19 claims and lawsuits webinar? And a slide deck on EEO considerations too? I got you, fam!

Image by 政徳 吉田 from Pixabay Who loves you? Slide deck: A Return to Work from COVID-19: EEO and Other Employment Law Considerations – BOOM! Webinar: Covid-19 claims and lawsuits; Prepare your business today for potential lawsuits tomorrow – Let’s goooooooo! Plus, get 40 credits worth of HR virtual learning…

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Is a Fortune 50 company’s diversity program discriminatory? The DOL wants to know!

Image by Alexas_Fotos from Pixabay Yesterday, both Law360 (here) and Bloomberg (here) reported that the U.S. Department of Labor had begun investigating whether Microsoft violated Title VII of the Civil Rights Act of 1964, the federal anti-discrimination law the prohibits race bias, when Microsoft decided to double the number of…

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Yes, the Americans with Disabilities Act still applies during an employee’s initial “probationary period.”

Image by tigerlily713 from Pixabay While I don’t have a ‘Dallas Cowboys’ — how ’bout dem Cowboys! — level of hatred for probationary periods for new employees, I do not like them. The 90-day probationary-employee language that I see from time to time in employee handbooks is a holdover from…