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Tag: discrimination

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Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Tags:
whistleblower, discrimination, title vii, termination, employment law
U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & Employment
In 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Tags:
employment law, religion, lgbtq+, supreme court, discrimination
How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & Employment
COVID-19 has resulted in no schools, no child care, and no after school activities, leaving no option for many working parents but to stay home and care for their kids while working full-time jobs. Working parents are struggling to balance childcare responsibilities and job responsibilities during these tough times. Additionally, employers are struggling to stay in business, leading to record lay-offs and unemployment. The result? Legal experts predict a significant increase in litigation.
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Tags:
covid-19, coronavirus, working parents, fmla, ada, discrimination
U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & Employment
On June 15, 2020, the United States Supreme Court held that Title VII, the federal employment law that prohibits discrimination “because of sex,” bars discrimination based on an individual’s sexual orientation and transgender status. Conservative Justice Neil Gorsuch, joined by Chief Justice John Roberts and four liberal members of the Court, penned the 6-3 decision granting nationwide protection to LGBTQ+ employees.
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Tags:
supreme court, lgbtq+, title vii, discrimination, eeoc
5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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Tags:
supreme court, discrimination, race, employment law, causation
Hairstyle Laws Further Complicate the Landscape for Employers in 2020 Posted on: January 30, 2020 In: Labor & Employment
The latest employment law trend sweeping the always trend-setting coastal jurisdictions is protection against bias based on hairstyle or hair texture. In 2019, California, New York, and New Jersey all adopted such statutes.
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Tags:
discrimination, hairstyle, crown act, dress code, human resources
In California, Now Even Hair Is Protected Posted on: August 09, 2019 In: Labor & Employment
Last month, California became the first state to protect employees from discrimination based on natural hair and hairstyles associated with race. California follows New York City’s passage of a similar ordinance earlier this year.
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Tags:
california, discrimination, hairstyle, dress code, feha
Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & Employment
It is no secret that over the past few years, political tensions have been lingering in the U.S. Employers have asked if it is legal for them to express their political beliefs at their place of business, through posters, pamphlets, and conversation. My answer: depending on where you are located, it may be legal. My advice: if you want to avoid workplace conflict, save money, and avoid liability, then avoid displays of political propaganda in the workplace.
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Tags:
politics, human resources, discrimination, harassment, retaliation
AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & Employment
Artificial intelligence (AI), robotics, and other emergent technologies stand to profoundly impact employers and, indeed, society itself. According to some estimates, by 2025, half of all U.S. jobs will either be automated or augmented by AI, or will have initiated steps to move in that direction. As AI becomes infused in workplaces, there is the potential for AI to re-define what “work” means. Since the “work” each of us performs helps inform the social order, AI may well be poised to transform society.
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Tags:
artificial intelligence, human resources, hiring, technology, discrimination