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The Employer Handbook Blog

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Will training white employees on “white fragility” and other concepts linked to racism create a hostile work environment? Probably not.

Last week, I wrote (here) about a white college professor who successfully alleged that his employer subjected him to a hostile work environment, at least, in part, because of particular training and conferences he attended about racism. But, the same court clarified that “[t]raining on concepts such as ‘white privilege,’…

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Training about racism can foster a hostile work environment. Wait, WHAT?!?

Wait a minute, Eric! Weren’t you just telling us that anti-harassment training is part of the backbone of a compliant workplace? I did. But, occasionally, employers can step over the line. I’ll give you a recent example from a federal court opinion involving a college professor claiming he was forced…

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An EEOC Commissioner takes issue with a billionaire’s position on Diversity, Equity and Inclusion

Folks, I did not have EEOC Commissioner Andrea Lucas giving billionaire Mark Cuban a public antidiscrimination lesson on my Bingo board. But, as I was scrolling through X on Monday, here is what I saw: On Sunday, Mr. Cuban, of Shark Tank fame, the former principal owner of the NBA’s…

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EEOC launches new outreach effort to help underserved communities and vulnerable workers

As part of its current Strategic Plan, the U.S. Equal Employment Opportunity Commission aims to raise awareness of employment discrimination laws and ensure that individuals know their corresponding rights and responsibilities. Meanwhile, the EEOC’s Strategic Enforcement Plan for Fiscal Years 2024-2028 (SEP) prioritizes protecting vulnerable workers from employment discrimination. On…

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Reasonable accommodations for disabled employees need to be reasonable, not perfect

I won’t bury the lede, which I’ll quote from the Fourth Circuit decision I read last night. The [Americans with Disabilities Act] requires reasonableness, not perfection. Reasonableness does not demand that an accommodation have an airtight solution to every contingency conceivable. Its dictates are tethered to the practical realities of…

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Here are forty thousand reasons why “equal pay for equal work” applies to male victims too

A federal law called the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. The jobs need not be identical, but they must be substantially equal. While women often seek relief under this statute, a state government agency learned the hard…

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An employer’s response to a complaint of harassment doesn’t need to be perfect. Just ok may do.

Remember that AT&T ad campaign a few years ago where the mobile network provider touted how cell phone users should not have to settle for mediocre phone service? “Just ok is not ok.” In the workplace, however, “just ok” may be good enough when responding to employee complaints of harassment.…