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Jan 14, 201308:23 AMForward HR

with Diane Hamilton and Nilesh Patel

EEOC’s strategic enforcement plan for 2013-16

(page 2 of 2)

Enforcement concerns for employers

Some workplace trends employers should be mindful of to avoid discrimination claims and enforcement actions include:

  1. Improper use of pre-employment tests, background checks, or date of birth inquiries during the hiring process. 
  2. Demands for specific or extra documentation from immigrants or foreigners during the Form I-9 employment authorization verification process.
  3. Protections for victims of trafficking or domestic violence; sexual stereotyping of lesbian, gay, bisexual, or transgender individuals; and employees facing workplace bullying to the point of harassment.
  4. Reliance on neutral practices, such as performance reviews, whose outcomes are influenced by discriminatory comments or ratings.
  5. Failure to shield an employee from unlawful workplace retaliation after the individual files a discrimination complaint, even if the complaint did not have any merit.
  6. Successfully avoiding actual discrimination only to face liability for technical violations of record-keeping requirements.

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About This Blog

 Diane Hamilton, PCC, SPHR, is the owner and founder of Calibra, a coaching and consulting firm focused on maximizing leadership potential. Nilesh Patel is the principal attorney of the Mahadev Law Group, LLC, which focuses on human resources and employment law issues for organizations. He can be reached at Both bloggers are members of Wisconsin SHRM, which is dedicated to being the state leader in HR management and the premier source for HR expertise and resources. More information can be found at You can follow the WI SHRM blog at



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