Tag: diversity

WFH

Employers may be liable for transgender discrimination

by Ryan B. Frazier The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now […]

Recent events confirm racists, misogynists are not extinct

by Dinita L. James Last July, the nation celebrated the 50th anniversary of the Civil Rights Act of 1964. The focus rightly was on how far we have come as a society in eliminating discrimination on the basis of race, color, religion, national origin, or sex. Close on the heels of that celebration, however, recent […]

How to respond to an employee who mentions suicide

by Kaitlin L. Hillenbrand Q One of our employees recently told the HR director that she “prays for death every night.” Is there anything we are legally required to do in response?  A A condition that causes an employee to become suicidal may be covered under the Americans with Disabilities Act (ADA). In that case, […]

Supreme Court rules against Abercrombie & Fitch in headscarf lawsuit

by Charles S. Plumb On Monday, June 1, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission (EEOC) and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa store. In some ways, the Supreme Court’s decision may have the unintended result […]

Risk or reward? Ex-offenders present challenge to employers

In a quest for workforce diversity, employers go to great lengths to reach out to people of various races, ethnicities, genders, ages, and backgrounds. But they’re not so likely to reach out to those who have spent time in prison. Yet employers often express a desire to be good corporate citizens that “give back” to […]

Employers risk damages, civil money penalties for improper I-9 and E-Verify procedures

by Mary Pivec Employers face a high cost if they are accused of engaging in discriminatory employment verification procedures. The Office of Special Counsel for Immigration-Related Discrimination (OSC) in the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers that allegedly misuse or abuse their access […]

Here come the feds! POTUS, DOJ, DOL, and EEOC weigh in on LGBT issues

by Geoffrey D. Rieder Significant expansion of the antidiscrimination protections afforded to members of the LGBT community was accomplished in 2014 through executive action by President Barack Obama, the U.S. Department of Labor (DOL), and the attorney general (AG). The push for more protection of LGBT employees culminated in two lawsuits in which the Equal […]

Adverse employment action because of accent is illegal

by Joseph Cooper Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of national origin in any aspect of employment, including hiring, firing, and job assignments. Because an employee’s accent or language skills are often associated with her national origin, employment decisions based on those characteristics are scrutinized closely by […]

EEOC releases FY 2014 enforcement stats

by Christopher J. Pyles According to newly released statistics from the Equal Employment Opportunity Commission (EEOC), the state in which the most administrative charges were filed in fiscal year (FY) 2014 was Texas, which had more than 8,000. Where did your state rank?  Discrimination by the numbers In February, the EEOC released enforcement and litigation […]