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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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Employer challenges EEOC authority to file systemic-discrimination cases

Should the judge rule for the employer, the EEOC would effectively be unable to file new systemic-discrimination cases against employers until the EEOC reaches a quorum.

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Shifting views on discrimination challenge DEI momentum

A new AP-NORC survey shows that fewer people believe racial discrimination against Black or Asian Americans is as widespread as they did in 2021. At the same time, skepticism about whether DEI programs reduce discrimination is growing.

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Audit your potential for discrimination liability

Some industries and workplaces are at higher than usual risk for discrimination and harassment claims. Any workplace that has a largely homogeneous workforce may create special risks for the few workers who are different.

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Lawsuit seeks to force EEOC to process gender-identity harassment claims

The lawsuit argues that the EEOC is legally obligated to process the complaints as part of its core mission to end workplace discrimination based on sex.

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Andrea Lucas confirmed as EEOC commissioner

Lucas had been serving as acting chair since the beginning of the second Trump administration in January, presiding over an agency that does not have a quorum and cannot conduct substantial business until another commissioner is confirmed.

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DOJ clarifies guidance on discriminatory practices and DEI programs

The EEOC and the Department of Justice have been stamping out diversity, equity and inclusion programs in federal contractors’ and even private employers’ employment policies. New guidance from the DOJ for federal contractors clarifies how antidiscrimination laws apply to programs or initiatives involving discriminatory practices, including DEI programs.

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Million-plus settlement for allowing reverse-discrimination talk

After the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services, it became clear that discriminating against a member of a majority is just like discrimination against a member of a minority group.

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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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