All Blog postsAs many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & Employment
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California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & EmploymentOn the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & EmploymentMost 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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U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & EmploymentIn 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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How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & EmploymentCOVID-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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U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & EmploymentOn 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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5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & EmploymentCertain 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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Hairstyle Laws Further Complicate the Landscape for Employers in 2020 Posted on: January 30, 2020 In: Labor & EmploymentThe 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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In California, Now Even Hair Is Protected Posted on: August 09, 2019 In: Labor & EmploymentLast 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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Managing Peace in the Workplace Amidst Politically Charged Times Posted on: July 22, 2019 In: Labor & EmploymentIt 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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AI & HR: The Risks of Using Artificial Intelligence in the Hiring Process Posted on: July 17, 2019 In: Labor & EmploymentArtificial 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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Featured Posts
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- July 09, 2020 U.S. Supreme Court Gives Grace to Religious Employers
- June 18, 2020 Business Email Compromise Attacks on the Rise in 2020
- June 15, 2020 U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees
- June 03, 2020 California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement
- May 29, 2020 Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
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