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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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Discipline consistently to avoid reverse-discrimination lawsuits

There’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.

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Disability is no excuse for breaking work rules

Workplace 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.

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DEI in the crosshairs: Review hiring incentives to ensure they’re not based on quotas

If 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.

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Court: Simply offering DEI program doesn’t establish hostile environment

The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

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Think twice before Googling for medical info

It 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.

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EEOC data show rise in claims alleging neurodiversity discrimination

While 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.

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Litigation alternatives: While the EEOC is dropping bias cases, other advocates are stepping in

While 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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Checking in with the EEOC and their current focuses

What is the EEOC interested in now?

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Review outsourced training to ensure it’s free of risky content

Training provided by other vendors might not stand up to legal scrutiny. And not all outsourced anti-harassment training programs are of equal quality. It’s up to HR to make sure training materials are accurate, reliable and legal. Remember, whether you created the training or outsourced it, your organization is responsible for it.

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How to prevent family caregiver bias claims

While family caregiver discrimination is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), the FMLA and the ADA specifically protect employees with caregiving responsibilities.

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