Tag: Title VII of the Civil Rights Act of 1964

Pay Equity Issues Can Arise in Multiple Ways for Employers

Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s Soccer League final this Saturday, November 11, 2023. Rapinoe has been at the forefront of gender pay equity […]

AI Discrimination: What EEOC Settlement with iTutorGroup, Inc., Means for Employers

Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three integrated English-language tutoring companies known as iTutorGroup, Inc., confirms any doubts employers might have. Now more than ever, employers should carefully evaluate the benefits and […]

Denying Religious Accommodations Now More Difficult Under Federal Law

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to accommodate employees’ sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a religious accommodation has carried a minimal burden of showing hardship, but a recent ruling from the U.S. Supreme Court just made denying a […]

Supreme Court Ruling Requires More Rigor from Employers for Employee Requests for Religious Accommodations

Title VII of the Civil Rights Act of 1964 requires employers to accommodate their employees’ religious practices so long as doing so wouldn’t impose an undue hardship on the employers.  Title VII Title VII, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.  Whom Does […]

SCOTUS Subtly Redefines the Landscape of Workplace Religious Accommodations

Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]

Can Music in the Workplace Be a Potential Liability?

The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]

LGBTQ Rights Lose to Employer’s Religious Beliefs

On June 20, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) delivered a blow to advocates of LGBTQ rights in the workplace when it sided with a self-described Christian business whose policies discriminated against gays. The lesson: Not all discrimination is unlawful discrimination. Discriminatory Policies Braidwood Management manages various […]

Supreme Court Ruling Raises Questions About Workplace DEI Efforts

The U.S. Supreme Court’s decision against using race as a factor in college admissions doesn’t directly affect employers, but it’s sparking worries about a backlash aimed at efforts to increase diversity in the workplace. In a June 29 decision, the Court ruled 6-3 that admissions procedures at Harvard and the University of North Carolina violate […]

Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision that favors the former worker could change the analysis for employers when assessing employee requests for religious […]

The Changing Landscape of Employment Discrimination Prevention in 2023

Change is in the air: The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) are adjusting their standard policies and operations to reflect the realities of the current labor market. For example, the EEOC and OFCCP must ensure that emerging artificial intelligence (AI) technologies don’t lead to employment discrimination […]