Tag: discrimination

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 […]

What’s Behind the Ghosting Epidemic?

Halloween was full of fright and ghost stories, but there’s a different kind of ghosting that has employers and recruiters scared these days. In today’s competitive job market, the tables have turned in the recruitment process. With a record 33 consecutive months of job growth, it’s not just employers that are critically evaluating potential hires—talent […]

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 […]

Most Employees Have Experienced Workplace Discrimination

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 […]

Lizzo Lawsuit Shows Employers ‘It’s About Damn Time’ They Train Their Managers

Recently, one of my favorite artists, Lizzo, made headlines when three of her backup dancers filed a lawsuit in Los Angeles Superior Court against her, her tour company (Big Grrrl Big Touring Inc.), and her dance team captain. There are various allegations in this lawsuit, but I want to focus on the sexual harassment/hostile work […]

Case Study: Employee Can’t Show Firing Was Because of Her Gender

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a […]

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 […]

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 […]

Encouraging Diversity While Avoiding Divisiveness

Employer focus on diversity, equity, and inclusion (DEI), however well intentioned, needs to be handled properly, or it may have a detrimental effect on the workforce. While many employers promote DEI as “the right thing to do,” it’s essential for DEI success and acceptance that the right thing isn’t done the wrong way. Factors to […]

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 […]