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The U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis appears to have expanded the universe of “adverse employment actions” that could support an employee’s discrimination claim. The new standard has required courts to consider whether much more generalized and subjective sorts of alleged harm are sufficient to support an employment […]
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 […]
Most workers today have experienced some form of discrimination in the workplace, according to Monster, which recently conducted a poll in honor of National Disability Independence Day. Discrimination Is Rampant The results of Monster’s poll may be shocking to some. For example, here are some of its key takeaways: Only 9% of those polled say […]
Mergers and acquisitions bring lots of financial opportunity, but they can sometimes result in upheaval in the workforce as the new entity determines whether it will operate the business differently from its predecessor. If the new business decides to change the workforce, how should it make those decisions? A recent appeals court opinion sheds some […]
64% of workers over 40 believe age-based discrimination in the workplace is common, while just 50% say the same about racism. 34% of U.S. workers in their 40s feel their age “holds them back” at work— more than sexism, disabilities, or sexual orientation. 60% of workers who lack confidence in their ability to get a […]
People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor […]
On August 15, 2022, the U.S. Third Circuit Court of Appeals (whose rulings apply to New Jersey, Delaware, and Pennsylvania employers) upheld the District of New Jersey’s dismissal of an employee’s age discrimination claims, finding she was unable to show her employer’s nondiscriminatory reasons for not hiring her were “so plainly wrong that it cannot […]
Conducting investigations of disputed workplace events is a routine responsibility for HR leaders. Faced with disputed facts, employers can make reasonable fact determinations based on a diligent probe and still obtain summary dismissal of a discrimination claim. A recent decision from the U.S. 6th Circuit Court of Appeals confirms how employers can best ensure the […]
Most of us are well aware that age discrimination is illegal. The Age Discrimination in Employment Act (ADEA) made this law, prohibiting employment discrimination for anyone over age 40. However, despite employers being aware that age discrimination is illegal, it still happens, sometimes inadvertently.
Advocacy group AARP recently declared in a headline in its AARP Bulletin, “It’s time to end the last acceptable bias,” referring to age discrimination in the workplace.