ELI in the News

The employee was on vacation. At his private computer. On his personal Facebook page. Posting about protests in his city. But his Facebook settings were public. He blamed “Blacks”for recent protests that had turned violent, and he suggested what “should be done” to them. His direct reports complained. His supervisors suspended him without pay.

What if you could get your best employees to stay — forever?! OK, OK, aside from retirement — you have to let go at some time — why not aim for a better-than-average turnover rate? More importantly, why not aim for a better-than-average turnover rate with your best employees? So let’s build loyalty.

New federal data shows the U.S. Equal Employment Opportunity Commission (EEOC) is cracking down on unlawful workplace practices. The EEOC filed 143 discrimination or harassment lawsuits in fiscal year 2023, which began on Oct. 1, 2022, and ended Sept. 30, 2023, according to a recent report by the agency. This represents a more than 50 percent increase over the filings from fiscal year 2022.

Since its establishment on July 2, 1965, the Equal Employment Opportunity Commission (EEOC) has been committed to its mission of eradicating workplace discrimination, both on an individual and systemic level. However, the EEOC’s recently unveiled 2022-2026 strategic plan highlights a significant shift in focus. Under the new EEOC plan, systemic claims will now be given added emphasis, highlighting the need for a proactive approach to comprehensively address workplace discrimination.

The U.S. Equal Employment Opportunity Commission proposed Monday enforcement guidance on workplace harassment after more than a half-decade of public debate and commentary. The document is structured around the three components of a harassment claim, including determining whether the harassment is based on an employee’s legally protected characteristics; whether the harassing conduct resulted in discrimination with respect to a term, condition or privilege of employment; and whether there is a basis for holding the employer liable for the conduct.

The U.S. Supreme Court’s decision to overturn affirmative action policies in college admissions raises concerns for many employers about the viability of workplace diversity, equity and inclusion (DEI) initiatives. While the Equal Employment Opportunity Commission (EEOC) noted that the decision “does not address employer efforts to foster diverse and inclusive workforces,” this view has already proven contentious.

Diversity, equity and inclusion (DEI) initiatives at companies are a priority among job seekers, with 63% of respondents across generations in a recent Ernst & Young (EY) surveyOpen in a new tab preferring companies that prioritize DEI. Younger workers place an even higher priority on the initiatives — 73% of Gen Z respondents and 68% of Millennials.

The EEOC’s newly adopted strategic enforcement plan aims to increase the public’s access to the EEOC and increase investigation training and resources. The plan describes the EEOC’s vision of fair and inclusive workplaces and details expanded efforts to reduce systemic barriers to equal opportunity, including an enhanced focus on identifying offenses and additional staff and resources for enforcement.

Customers who abuse, insult or harass a company’s employees can be a nightmare. An employer’s options for dealing with them are limited, but managers can help. “Dealing with a threatening customer or client is a challenge, especially in the modern environment where there is a concern that escalation will lead to actual violence,” said David Barron, an attorney with Cozen O’Connor in Houston and Chicago.

Employer diversity, equity and inclusion efforts are under fire in the wake of the U.S. Supreme Court’s dissolution of affirmative action in college admissions, and attorneys say the U.S. Equal Employment…