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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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Avoid ‘overqualified’ label, often just another way to say ‘too old’

At the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes. Rejected applicants could view the term as an age-related code word, thus sparking an age-discrimination lawsuit.

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Beware requiring employee to seek counseling, which could trigger an ADA lawsuit

Last summer, the U.S. Supreme Court made it easier for employees to claim discrimination even if their employer’s actions didn’t substantially harm them. Now, the same reasoning from the Muldrow v. St. Louis decision is being applied to the ADA.

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Legacy of pay discrimination just cost this employer $43 million

The federal Lilly Ledbetter Fair Pay Act lets employees sue at any time for pay discrimination if their current paycheck reflects past discrimination. Thus, if a female employee discovers she’s being paid less than a man doing the same work, she can sue and receive back pay for at least two years’ worth of discriminatory paychecks.

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Can we ask an employee’s race for EEO-1 purposes?

In documents asking the race of employee, can I ask their race if I’m not sure?

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“Why would you want to do a man’s job?”

That’s one of the sexist questions the EEOC alleges Waste Industries—a solid waste removal, recycling and landfill service provider—repeatedly asked female job applicants. As a result, the company agreed to pay $3.1 million to settle the agency’s pattern-or-practice sex-discrimination claim.

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2 cases caution against discrimination and harassment

Why “dead-naming” a transgender employee and assigning undesirable tasks only to minorities could land you in court.

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What it costs to lose a discrimination lawsuit

It can be frightening to hear an employee has launched a federal discrimination lawsuit. Headlines emphasizing multimillion-dollar jury verdicts don’t help. Here’s what’s at stake should an employee win a discrimination lawsuit.

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Making even a few ageist statements can land you in court

Here’s a reminder that HR needs to train supervisors and managers on ageist attitudes and comments. Even one or two isolated comments that could be viewed as criticism based on an employee’s age can be enough to justify an Age Discrimination in Employment Act lawsuit if there are other indications of favoring the young.

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On the Supreme Court docket: Cases to watch in the ‘24–‘25 term

The U.S. Supreme Court will hear three important employment-law cases in its 2024–2025 term, which began Oct. 7 and will end in late June 2025.

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EEOC’s latest litigation stats show focus on disability discrimination, retaliation

The EEOC filed 110 lawsuits challenging unlawful employment discrimination in fiscal year 2024, placing an emphasis on what a commission statement called “emerging issues and advancing the employment rights of underserved and vulnerable workers.”

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