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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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RIF didn’t achieve business goals? OK to repost jobs that were previously cut

You may rightly worry that posting jobs similar to ones that were eliminated could spur a lawsuit. But if you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

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Painful periods? That’s no reason not to hire

The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

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How discrimination beliefs are driving resistance to DEI initiatives

When conversations around workplace equity stall or spark conflict, it’s often not because someone is unwilling to engage, but because people are starting from entirely different premises. A new Pew Research Center report highlights how vastly Americans’ perceptions of discrimination differ across political, demographic and social lines.

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Why EEOC’s refusal to pay state discrimination agencies means more lawsuits

A May 20 internal announcement ends a long-standing practice of payments in so-called “dual filing” states that have their own anti-discrimination laws when those two kinds of discrimination claims are raised.

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Downsizing DEI? RIFs may backfire

It may be tempting to eliminate diversity, equity and inclusion policies entirely. But before you do so, consider the potential unintended consequences, especially if you lay off everyone you hired to run the programs. Those sidelined employees who were supposed to help you create a diverse workplace may sue you.

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Proposed legislation seeks to level the playing field for age-bias claims

A bipartisan group of lawmakers is working to change the legal standards older employees must meet to bring forward age-discrimination claims.

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Disparate-impact discrimination about-face doesn’t mean it’s gone

Disparate-impact discrimination is a legal theory that holds that an entity may be discriminating unlawfully even though it has neutral rules if those rules have a disparate impact on a protected class. It is unintentional discrimination.

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Supreme Court rules on reverse discrimination

In a unanimous decision, the U.S. Supreme Court ruled that employees claiming they have been the victim of reverse discrimination don’t have additional hoops to jump through before getting their day in court.

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Pay-equity audits prevent lawsuits

The time to conduct a pay-equity audit is before employees file a suit. Conducted proactively, the audits can prevent thousands or even millions of dollars in damages and legal fees.

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Co-worker discomfort is no excuse for transgender discrimination

Sometimes, our differences may clash in ways that seem impossible to reconcile. It’s hard to make everyone happy. That doesn’t absolve employers from the obligation to try.

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