Tag: discrimination

U.S. Supreme Court to Arizona Fire District: Size Doesn’t Matter

Last year, Arizona found itself at the center of the first opinion of the new U.S. Supreme Court term. The opinion, authored by the Court’s oldest member, Associate Justice Ruth Bader Ginsberg (86), took on the issue of whether state and local governments with fewer than 20 employees can be sued for age discrimination. With […]

The Amazon Example: Can AI Discriminate?

Instinctively, it would seem that using a machine, data, or artificial intelligence (AI) to review job applicants would create a process that is fairer by default. Unlike people, the machine doesn’t have subconscious biases. It doesn’t have feelings or gut instincts. It should be able to make judgments and comparisons solely on merit and create […]

Tennessee Federal Court Finds Title VII Doesn’t Prohibit Sexual Orientation Discrimination

As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. An East Tennessee federal district court recently concluded that it doesn’t. In the case before the court, a woman claimed she was fired […]

English-Only Policies Are Presumptively Unlawful Under New FEHA Regs

California leads the United States in foreign-born and non-English- speaking residents. According to data from the U.S. Census Bureau, almost half of all Californians speak a language other than English at home. Nearly one-third of the state’s population is foreign-born (10 million people), which accounts for about a quarter of the foreign-born population in the […]

Asia Argento: The Other Side of #MeToo

Asia Argento, one of the first Harvey Weinstein accusers to come forward, now finds herself on the other side of the #MeToo movement in which she had been a prominent figure. According to a recent New York Times report, just months after accusing Weinstein of rape, Argento agreed to pay $380,000 to Jimmy Bennett, an […]

Implicit Bias Can Take Toll on Performance Review Process

More and more employers are exploring unconscious bias and what they can do to manage the damage caused by biases people may not even realize they harbor. Most of the attention has focused on unconscious bias’s effect on hiring and how it causes uncomfortable interactions between coworkers and the public. But biased attitudes also can […]

DACA

Civil Rights Law Opens Door for DACA Recipients to File Alienage Discrimination Claims

In the past, employers were comfortable instituting policies that permitted them to refuse to hire Deferred Action for Childhood Arrivals (DACA) recipients with employment authorization. The policies were founded on the belief that since DACA recipients were not classified as “protected individuals” under the Immigration and Nationality Act (INA), employers had absolute discretion under the […]