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Discrimination › Employer Liability Issues › Human Resources Professionals

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Parker Poe Adams & Bernstein LLP

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

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Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

McDermott Will & Schulte

Risk Management in the Modern Era of Workplace Generative AI

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Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

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Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

Haynsworth Sinkler Boyd, P.A.

Celebrating Responsibly: HR's Legal Checklist for Holiday Party Success

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As the holiday season begins, many companies are gearing up to celebrate the year's achievements with a festive workplace holiday party. While these events provide an excellent opportunity for team bonding and camaraderie, HR...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

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It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Dentons

HR Quick Take: Anti-Discrimination Laws

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Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Wilson Sonsini Goodrich & Rosati

U.S. State Department Proposes ITAR Revisions to Remove Prior Citizenship Status Considerations

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The U.S. State Department has proposed revisions to multiple sections of the International Traffic in Arms Regulations (ITAR) to remove consideration of citizenships previously held by a foreign person. The State Department's...more

Poyner Spruill LLP

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

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On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

Poyner Spruill LLP

Fourth Circuit Issues Decision Favorable to Employer on ADA Accommodation

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The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants on the basis of disability. One form of such discrimination is failing to provide reasonable...more

Allen Matkins

California Allows Attorney's Fees Award To Successful Whistleblowers

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California's Labor Code currently prohibits employers, or persons acting on their behalf, from retaliating against employees who "blow the whistle".  Cal. Lab. Code § 1102.5.  The same statute also prohibits employers, or...more

Sands Anderson PC

Virginia Employers: The Deadline is October 29, 2020 to Put Up New Mandatory Workplace Posters and Make Changes to Employee...

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A bevy of new Virginia employment laws went into effect in July 2020.  These include new laws related to pregnancy accommodation, expanding worker remedies for discrimination and harassment, and limiting the ability of...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

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The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Foley & Lardner LLP

11th Circ. Reminds Employers Why Best Practices Matter

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What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

Fisher Phillips

Can You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole

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In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when...more

Holland & Hart - Employers' Lawyers

Five Tips For Handling Tricky Religious Accommodations

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When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. and International Employers: Now Is the Time to Reaffirm Your Commitment to Diversity and Inclusion

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No doubt walking a difficult line in the wake of the election results, human resources professionals are tasked with cementing their companies’ position as equal opportunity employers. At the same time, female employees,...more

Jackson Lewis P.C.

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

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The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more

Dorsey & Whitney LLP

EEOC Releases Updated Retaliation Guidance

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On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

Mintz - Employment, Labor & Benefits...

Corporate Divorce Series: An Employment Relationship Fail

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Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

Zelle LLP

Big Data in Human Resources = Big Decisions for HR Pros

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Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Zelle LLP

The Ten Most Important Rules for Employers

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Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Zelle LLP

That is SO last week - August 2015

Zelle LLP on

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

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