Insight of the Month

CRICO provides a topic to explore each month on the subject of discrimination, harassment, and other workplace pain points. For more information, external links are provided to Internet resources on the topic.

April 2024

The Benefits of Disability Inclusion in the Workplace | American College of Healthcare Executives (

In this article, John W. Sharpe, Director of SCI&D Therapy Services at the Central Virginia Veterans Health Care System, shares his personal experience of living with disabilities and advocates for disability inclusion in education and the workforce. He highlights the misconception that disabilities equate to inability and debunks myths surrounding the capabilities and costs of accommodating workers with disabilities.

View full article

March 2024

Navigating AI’s benefits and risks in the employment context

Published in the Boston Business Journal, Amy Cann and Vineesha Sow discuss how the benefits of using AI for performance monitoring, recruitment, and security also come with employee discrimination and privacy risks. The article explores the legal landscape and best practices to help employers navigate potential biases and privacy concerns, ensuring responsible and equitable AI integration into the workplace.

View full article

February 2024

Courts split on how workers in 'majority' prove discrimination
A federal appeals court’s division over how employees in the majority prove discrimination could impact litigation challenging corporate diversity policies and potentially reach the U.S. Supreme Court. Bloomberg Law reports on the controversy surrounding the court’s requirement of proving background circumstances for discrimination against the majority, which may have potential implications for lawsuits targeting DEI programs.

View the full article

January 2024

The EEOC is busy: class action employment lawyers warn HR
The Equal Employment Opportunity Commission (EEOC) saw a more than 50 percent increase in employment discrimination lawsuit filings in 2023 compared to 2022. With a higher 2024 federal budget and additional investigators, the EEOC will be increasing the number of discrimination investigations this year. Lawyers also anticipate a rise in AI and gender identity discrimination cases. 

View the full article

December 2023

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts:
The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled Proposed Enforcement Guidance on Harassment in the Workplace. The proposed guidance sets forth the legal standards applicable to harassment claims under federal law and provides a variety of examples with extensive citations to applicable case law. If made final, this would be the EEOC’s first updated workplace harassment guidance in effect since 1999 and would supersede all prior guidelines addressing the same issues.

The EEOC Updates Its Harassment Guidance for the 21st Century

November 2023

Employers may be found liable if they do not take sufficient action in response to antisemitic behavior, especially if they knew about it and didn’t do anything.

View the full article (pdf)

October 2023

Dust off your Template Employment Agreements.

Read more from Ward and Smith, P.A.

September 2023

Autism doesn’t hold people back at work. Discrimination does.

Read this article from the Harvard Business Review

August 2023

Employers will need to prove religious accommodations inflict substantial costs before denying them.

Supreme Court fortifies standard for religious accommodations"

July 2023

The vast majority of nurses endure racism or some form of discrimination from patients, but a recent survey shows that bias and mistreatment also come from colleagues and supervisors.

Nurses face widespread bias, study finds

June 2023

Electronic monitoring and surveillance of employees is often conducted by employers for a variety of reasons. Employers must be aware of potential liabilities that could interfere with employees’ privacy rights.

Employee monitoring and surveillance

May 2023

The World Health Organization’s World mental health report highlights the workplace as a key example where action on mental health is needed. Protecting and promoting mental health at work and reducing psycho-social risks can improve retention of staff and work performance. 

Mental health at work

April 2023

Structural sexism contributes to the persistent earnings gap between female and male physicians: A better understanding of the association between family structure and sex gaps in physician earnings and hours worked over the life cycle is needed to advance policies addressing persistent sex disparities. 

Marriage, children, and sex-based differences in physician hours and income

March 2023

Negative organizational culture has a considerable impact on employee well-being and engagement, as well as financial and reputational consequences.

Why every leader needs to worry about toxic culture

February 2023

Addressing maternity discrimination and creating an inclusive workplace environment that destigmatizes pregnancy.

Maternity discrimination: How to beat the stigma

January 2023

A rise in violence against healthcare workers highlights the need for employers to review employment policies to protect against claims of failure to protect their employees.

Rising violence in health care facilities

November 2022

With rude behavior on the rise in health care, behavior may escalate to the level of legal consequences. Read for insights and research on collectively achieving a civil workplace.

Be nice

October 2022

Current Apple lawsuit highlights the need for awareness around ageism and the power of performance reviews in litigation.

Apple ‘Ageism’ blamed by senior manager in his 60s for no merit bonus

September 2022

As health care employers continue to face new challenges into 2022, it will be important to be aware of these challenges to grow and retain a workforce.

Health care workforce employment law issues to watch in 2022

August 2022

There are multiple laws related to employee speech and activity and each have nuances that are important for employers and managers to understand.

Addressing employee speech in times of controversy

July 2022

Identify and address problem behaviors early and often with feedback, clear expectations, formal appraisals and 1:1 coaching.

Problem behaviors and detailed strategies for handling them

June 2022

The pandemic is leading to an increase in discrimination claims around COVID-19 and mental health.

Disputes impacting health care employers and employees


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