Category: Diversity Insight

Diversity Insight features business-focused strategies from your HR peers with real-life lessons in diversity management. Use Diversity Insight for the latest strategies on waging peace between multi-generational workers, satisfying the unique needs of the disabled, respecting employee religious beliefs, and more.

Sleep deprivation: Know whether it’s a performance problem or a disability

Employers striving for a diverse workforce take care not to discriminate against employees with a disability, but hidden disabilities can be tricky. Supervisors might think they’re dealing with performance problems when they really should be considering whether an employee has a disability protected by the Americans with Disabilities Act (ADA).  Sleep deprivation—which the U.S. Centers […]

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Is there harm in asking? Questioning employees about their plans to retire

by Michele L. (Warnock) Brott Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in […]

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DOJ reverses course on Title VII protections for transgender persons

by Angela N. Johnson On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum announcing the U.S. Justice Department’s (DOJ) new stance that transgender employees aren’t protected from discrimination under federal law. The announcement reflects a reversal from the Obama administration’s interpretation of the law and runs counter to federal court decisions and […]

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Discrimination against breastfeeding employee leads to jury verdict

by Rozlyn Fulgoni-Britton With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breastmilk in privacya. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of […]

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HR’s work not over when harassment investigation ends

As more and more people are coming forward with claims of sexual harassment in the workplace, employers have rightly focused on making internal investigations thorough and effective. But the work doesn’t end when the investigation is wrapped up. In fact, it may be just beginning, according to an attorney and a human resources expert who […]

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Cure and punishment

by Mark I. Schickman In all of the attention recently given to Harvey Weinstein and his ilk, the focus has been on personalities and far too little of it on the systemic problem of ubiquitous sexual harassment. The discussion has been centered on punishment, with far too little said about the cure.  Weinstein himself presents […]

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Language, inclusion, and diversity in the workplace

by Lauren E.M. Russell Employees’ use of a language other than English in the workplace presents many considerations in the employment law context. An individual’s language is tightly tied with race and national origin, which are protected categories under Title VII of the Civil Rights Act of 1964 and many states’ anti-discrimination laws. On the […]

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What EEOC’s recent lawsuit over parental leave means for employers

by Jessica A.H. Howell The Equal Employment Opportunity Commission (EEOC) is a federal agency that administers and enforces civil rights laws when individuals claim workplace discrimination. Recently, the EEOC filed suit against a cosmetics company for implementing and administering parental leave benefits in a discriminatory manner based on sex. The lawsuit is the first of […]

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Oklahoma jury awards transgender worker $1.165 million in bias suit

by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]

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New research urges a rethinking of 4-year degree requirements

When designing a recruiting and hiring process, few employers would intentionally build a system that automatically excludes qualified candidates. But new research indicates that’s what sometimes happens with employers seeking middle-skills workers. Such a system hurts not just the jobseeker but also the employer hoping to attract and retain productive employees from a variety of […]

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