Tag: discrimination

When Religion and Politics Meet at Work

An old maxim says “never talk about religion or politics,” but how realistic (or even desirable) is that advice? And as the worlds of religion and politics collide, talk of one often crosses the line into speech about the other. While employers don’t want to trample on anyone’s right of free speech, they also can’t […]

Christian Charity Immune from Religious Discrimination Claim

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an individual’s religion. Unless, that is, your employer is a religious organization. When three former employees sued World Vision, the question was whether the Christian charity qualified for the exemption. In a recent decision, the Ninth Circuit Court of Appeals, which […]

Supreme Court Agrees to Review Massive Discrimination Case Against Wal-Mart

Today, the U.S. Supreme Court agreed to review what has been called the largest employment class action in U.S. history — Wal-Mart Stores v. Dukes. The class of plaintiffs is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to billions of dollars in back pay. […]

Aspects of Attendance Management Program Ruled Discriminatory

By David Wong Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in […]

Not the Godfather

When the show started, I thought it was going to be a doozy, with Pam conducting Sabre’s Hygiene Day, but it quickly shifted to something far more, well, mundane — and far more complicated — personal relationships at work. No, not the intimate kind — rather, the kind where workers become friends, in some cases close friends, […]

A Picture is Worth a Thousand Gags

Kidnapping day laborers = possible jail time for Dwight; giving Oscar another paid vacation and use of a company car= $15,000; settling claims related to Andy’s sex-ed course = more than just some free pizza; watching Michael try to convince an elderly stranger that they were once lovers = priceless. Between Michael tracking down his former girlfriends […]

Nine Years Later: Religion and National Origin in the Workplace

For a week, the nation’s news reporters were captivated by a Florida preacher’s plans to burn the Quran on the anniversary of the September 11th terrorist attacks. Although he ultimately backed down, his campaign and the heated debates and protests over planned mosques near ground zero and in other parts of the country have drawn […]

Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]

Paycheck Fairness Act Update and Other Compensation Concerns

by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]

At Age 20, ADA Still Hasn’t Fully Matured

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]