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Agencies like the Equal Employment Opportunity Commission are investigating fewer disparate-impact claims and scaling back lawsuits. That’s causing a backlash among state anti-discrimination agencies, which believe the disparate-impact liability theory is an important anti-discrimination tool. One state, New Jersey, has now taken action to preserve the ability to bring such lawsuits.

When deciding whether discipline was biased, courts often seek to compare workers who have the same supervisor, not just those who have the same job. That’s because discrimination is often manifested by individual acts, not a systemic, organization-wide problem. That makes it important to track discipline by supervisor.

Some managers continue to hold outdated views on pregnancy and the capacity for a woman to work while awaiting the birth of her child. Being vocal about these views—and especially acting on them—is almost certain to provoke a lawsuit.

In an unprecedented move, EEOC chair Andrea Lucas has taken to social media site X to solicit current or former employees to file complaints against their employers.

In what is believed to be the largest jury verdict ever for age discrimination, insurer Liberty Mutual was slammed with a $103 million verdict for firing an older worker returning from medical leave and replacing her with a 20-something new hire.

The EEOC has recently made it clear that an enforcement priority going forward is protecting American workers from discrimination in favor of foreign workers. The agency updated its webpage portal for national-origin discrimination and provided a one-page information sheet directed at American workers who think they may have experienced national-origin discrimination.

Employers can’t refuse to hire someone because they have a disability or because the employer perceived the applicant to be disabled, per the provisions in the Americans with Disabilities Act. A blanket rule barring hiring an applicant who takes prescription medication for a medical condition violates the ADA. That’s true even if the medication is used to treat a condition that could pose a potential safety risk.

Serving as an HR director can be tough. Still, HR professionals are expected to do the right thing. Federal laws like Title VII protect HR professionals from retaliation for bringing discrimination and harassment to light, and the Equal Employment Opportunity Commission has a long history of vigorous enforcement of retaliation protections. A recent EEOC settlement makes that clear.

A Colorado jury awarded $11.5 million to a former Society for Human Resource Management employee on race-discrimination and retaliation claims. Employers do not need to take a side to learn from what happened. The themes in this case surface in workplaces of every size.

Employers may not realize they’re perpetuating past discrimination by not equalizing pay across protected characteristics. Nor may they realize, for example, that female employees in one division whose jobs are substantially equivalent to male employees in another division are being underpaid. That lack of awareness may end up costing an employer thousands, if not millions, of dollars in a lawsuit.