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:
- Improper use of pre-employment tests, background checks, or date of birth inquiries during the hiring process.
- Demands for specific or extra documentation from immigrants or foreigners during the Form I-9 employment authorization verification process.
- 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.
- Reliance on neutral practices, such as performance reviews, whose outcomes are influenced by discriminatory comments or ratings.
- 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.
- Successfully avoiding actual discrimination only to face liability for technical violations of record-keeping requirements.
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