Question 1

Is the EEOC still active under the current administration?

Accepted Answer

Yes. The EEOC is very much alive, and charges are being filed. The agency has shown an increase in aggressive investigations and recently registered its largest public settlement in almost 20 years. (04:41)

Question 2

Do my company's anti-discrimination policies need to be updated?

Accepted Answer

&nbsp;Yes. Policies and employee handbooks should be treated as living documents and audited annually to ensure compliance with recent legal changes. (02:45)

Question 3

Can we choose a job candidate based on their qualifications without risking a discrimination lawsuit?

Accepted Answer

Yes. You can and should choose the most qualified candidate. The key is to base your decision on objective, job-related criteria like experience, skills, and work history. The law is violated when a company uses these criteria as a pretext for a decision actually based on a protected characteristic like age, race, or gender. For example, it's legal to choose a candidate with more experience. It's illegal to reject a candidate with more experience because you assume they're "too old" for the team. (10:42)

Question 4

What is the Pregnant Workers Fairness Act (PWFA), and how does it affect our company handbook?

Accepted Answer

The PWFA requires employers to provide reasonable accommodations for pregnant employees. It's critical to update your handbook to reflect that in some cases, you cannot deny an accommodation for an obvious pregnancy even without a doctor's note. The standard for accommodation has been lowered. (16:09)

Question 5

Can we fire an employee who is out on workers' compensation?

Accepted Answer

Terminating an employee on workers' compensation is legally risky. It is generally more prudent to wait until they return or have reached maximum medical improvement, unless you can prove the position would have been eliminated regardless of their injury. (42:14)

Question 6

Is it okay to put a lactation space in a bathroom?

Accepted Answer

No. Under the Pump Act, the lactation space must be a private area that is not a bathroom. (18:44)

Question 7

Does our company need to put up labor law posters?

Accepted Answer

Yes. Employers should ensure they have up-to-date and legally required posters from various agencies (e.g., EEOC, FLSA, NLRB) displayed in a conspicuous place. (40:24)

Question 8

Should a manager make a complaint for an employee who is being harassed if the employee is not willing to?

Accepted Answer

Yes. Recent EEOC guidance suggests that an individual aware of a colleague in the same protected class being harassed may have standing to bring their own harassment claim, even if they were not the direct target. Employers should take all reports of harassment seriously. (21:58)

Question 9

What is the best way to handle an employee complaint?

Accepted Answer

It is important to have clear, well-documented, and consistently followed procedures for all complaints. Training for managers and an "open door" policy help ensure employees feel heard and that their complaints are taken seriously. (24:06)

Discrimination

Federal Government to Drop Disparate Impact Basis for Discrimination Claims

How to Audit Employment Discrimination Laws Compliance

New Horizons in Discrimination: Transgender/Transracial Issues

New Horizons in Employment Discrimination — Changing Definitions and Expanding Liability

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