Category: Diversity & Inclusion

Diversity and inclusion (D&I) is an important and ongoing strategy of any HR plan. Ensuring that your company supports hiring, engaging, and retaining diverse workers with varied backgrounds will set your company up for long-term success and an increased bottom line. This topic offers the latest strategies for talent management, key insights from diversity leaders, case studies on D&I in the workplace, and more.

Steer clear of holiday season’s discrimination hazards

December is often a time for office parties, gift exchanges, and general holiday cheer in the workplace, but the season also can bring claims of discrimination and harassment if employers aren’t mindful of a religiously diverse workforce.  Legal hazards come in many forms. For example, non-Christians may feel discriminated against or harassed by all the […]

Discriminatory practices: pitfalls of the I-9 process

by Anders Lindberg The I-9 process of verifying an employee’s identity and employment authorization can be, as W.C. Fields put it, “fraught with eminent peril.” Failure to comply with documentation, verification, and discrimination laws can result in stiff fines and penalties. And recent settlement agreements between employers and the U.S. Department of Justice (DOJ) indicate […]

Reconsidering the status of sexual orientation in the workplace

by Harold Pinkley From the time I began practicing employment law (too many) years ago―and probably for longer than that―employment lawyers have been quite comfortable advising clients that Title VII of the Civil Rights Act of 1964 (the federal law that prohibits discrimination based on gender and other protected status) does not cover sexual orientation. Many […]

OFCCP issues new rules on hiring of disabled individuals

by Elizabeth Bradley On August 27, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced a final rule intended to promote the hiring and employment of people with disabilities by federal government contractors. The rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which […]

Employer vs. employee perception in gender discrimination claims

by Brinton M. Wilkins Philosophers argue endlessly about “Truth” with a capital “T,” but most people will likely never comprehend that kind of “truth.” Rather, we all view and interpret the world and our experiences through a complex set of lenses that we spend a lifetime creating, both consciously and subconsciously. As Oscar Wilde summed […]

Hiring ex-offenders: Considerations for employers

The hiring process can be challenging for employers and jobseekers alike. Employers struggle to match their needs to the skills and experience of applicants. Jobseekers struggle to make employers understand why they’re right for the job. That dual struggle gets even more complicated when a criminal conviction is added to the picture. According to figures […]

Are generic antigay comments considered harassment?

by Steve Jones Q I have an employee who is outwardly gay. He is a great employee and says he loves working at my business. However, he recently mentioned that he doesn’t like when a specific coworker uses antigay slurs. The slurs are not directed toward the gay employee. Instead, the slurs are generic comments […]

A new wave of litigation: obesity related disability discrimination

by Julia M. Hodges Obesity is a disease, according to the American Medical Association (AMA). The AMA’s recent declaration has a multitude of implications for employers, including the potential for increased disability-related litigation. Whether courts will decide to consider obesity a disability under the law remains to be seen, but employers everywhere should beware.  Obesity […]

WFH

What’s the status of transgender employees in the workplace?

by Raanon Gal and Chad A. Shultz The law regarding the rights of transgender employees is evolving, with a clear trend toward the recognition and protection of the rights of transgender individuals. Just five years ago, employers in the United States likely would not have considered whether transgender employees were protected by federal employment laws. […]

Keeping older workers: Do you risk a brain drain or offer opportunity?

Much has been said about the number of older workers staying in the workforce. Whether it’s to make up for a retirement savings shortage or a passion for work that people are able to do well even when they pass a typical retirement age, people are working longer.  Smart employers are seizing the opportunity to […]