Tag: discrimination

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 […]

fired

Firing Employee Who Made Threats: Opposition Isn’t Always Protected

The Iowa Court of Appeals recently found that an employee who made violent threats on Facebook couldn’t sue her former employer for retaliation after she was terminated. The court’s decision is important because it allows employers to make termination decisions when a protected complaint is pending. In other words, not all opposition is protected.

discrimination

Pretextual Failure to Promote Produce Worker Is a Recipe for Disaster

HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate nondiscriminatory reason for its action, and he in […]