HR professionals must balance business needs with legal and ethical obligations. The first step is to understand the ‘why’ behind the request to assess if it serves a legitimate business purpose (e.g., analyzing recruitment pipelines, supporting diversity initiatives) and to ensure the data’s use won’t lead to discriminatory actions. Simply providing the data or outright refusing without inquiry are not best practices.

Even if the selection process was not intentionally biased against older workers (disparate treatment), a neutral policy that results in a statistically significant adverse impact on a protected group, like employees over 40, can lead to a claim of disparate impact under the ADEA. The HR professional must analyze the selection criteria for job-relatedness and business necessity.

Effective compensation strategy considers overall morale and engagement. A plan that only rewards a very small top tier can lead to frustration and disengagement among the remaining 90% of employees, who may feel their efforts are not recognized. HR should advocate for plans that motivate a broader range of performers while still rewarding excellence.

FMLA provides 12 weeks of job-protected leave. Once that entitlement is exhausted, the strict job restoration right under FMLA ends. However, if the employee’s condition now meets the definition of a disability under the ADA, the employer has a separate, interactive duty to explore reasonable accommodation, which could include temporary light duty. The obligations must be analyzed separately.

The Pregnancy Discrimination Act (amendment to Title VII) prohibits treating an employee unfavorably because of pregnancy. Making an involuntary, unilateral change to her job duties based on assumptions about her capabilities or needs is discriminatory. The manager should have consulted Maria about her needs and preferences. Accommodations, if needed, should be interactive and based on her medical needs.

Under the Fair Labor Standards Act (FLSA), non-discretionary bonuses (those promised for meeting specific criteria) must be included in the calculation of the regular rate of pay for overtime. The bonus is apportioned back over the workweeks in the bonus period, and the regular rate for each week is recalculated. This results in an additional overtime premium owed for any weeks in that period where overtime was worked.

While selecting higher-paid employees might save more money, using salary level alone as a criterion can have a disparate impact on older workers (who tend to be higher paid due to longevity) and is not directly related to business needs or job performance. Defensible criteria are objective, job-related, and applied consistently, such as performance, skills, and seniority.

Behavior that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment may constitute unlawful harassment, even if not based on a protected characteristic like race or sex. The description of frequent, belittling conduct affecting multiple employees triggers the duty to investigate promptly and thoroughly to determine if a hostile work environment exists.

The critical issue is the potential pressure on non-exempt (hourly) team members. If they are working but not recording hours, it is a direct violation of the FLSA. The company is liable for all hours worked, whether recorded or not. This allegation requires immediate follow-up with the team to ensure accurate timekeeping and to stop any implicit or explicit pressure to work off the clock.

HR professionals must balance business needs with legal and ethical obligations. The first step is to understand the ‘why’ behind the request to assess if it serves a legitimate business purpose (e.g., analyzing recruitment pipelines, supporting diversity initiatives) and to ensure the data’s use won’t lead to discriminatory actions. Simply providing the data or outright refusing without inquiry are not best practices.0