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Under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act, it’s illegal to offer different benefits to workers ages 40 and older than you offer to younger employees. That’s true even if it costs you more to provide the same benefits to older workers.
Read MoreDespite the carefully planned interview questions and hiring rubrics, hiring decisions often hinge on one factor above all others: whether the interviewer simply likes the candidate. This personality-based assessment not only undermines objective hiring practices but perpetuates workplace inequities that follow employees throughout their careers.
Read MoreThe order, issued April 23 and titled “Restoring Equality of Opportunity and Meritocracy,” contends that the threat of being sued for disparate-impact discrimination prevents employers from hiring the best-qualified candidates, promoting successful employees and generally running their businesses as they see fit.
Read MoreThere’s a simple way to avoid many kinds of reverse-discrimination lawsuits: Treat everyone alike. That means making sure supervisors apply work rules impartially and without exception unless there is an objective reason discipline should differ.
Read MoreWorkplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.
Read MoreIf you pay managers or executives more for achieving diversity, equity and inclusion goals, you might attract the attention of EEOC lawyers intent on curtailing DEI initiatives—and you could find yourself the target of a lawsuit.
Read MoreThe mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.
Read MoreIt is legally risky to run an internet search to find out more about job applicants, especially if you are looking for information about a medical condition. It’s too easy to find information that should play no role in the hiring process. The likely result: a disability discrimination lawsuit.
Read MoreWhile still a small subset of EEOC disability discrimination cases, resolution of claims related to autism more than doubled between 2016 and 2023, rising from 0.4% of 1.5% disability bias cases.
Read MoreWhile the EEOC may not want to move ahead with cases it already filed on behalf of transgender employees, that does not mean employers are free to discriminate based on gender identity. There are still multiple avenues that employees can use to sue over the issue.
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