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Since 1977, employers evaluating whether an employee’s religious accommodation request would cause undue hardship on their business had a low burden to meet. A denial of a religious accommodation could likely be justified if the proposed accommodation involved more than de minimis cost or inconvenience to the employer. Recently, the U.S. Supreme Court changed that […]
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 […]
The U.S. Supreme Court’s decision against using race as a factor in college admissions doesn’t directly affect employers, but it’s sparking worries about a backlash aimed at efforts to increase diversity in the workplace. In a June 29 decision, the Court ruled 6-3 that admissions procedures at Harvard and the University of North Carolina violate […]
Here’s an urban myth: An employee who opposes potential employer discrimination must be treated with kid gloves after complaining. The U.S. 5th Circuit Court of Appeals (whose rulings cover Texas employers) recently stated that this proposition is, indeed, a myth. Oppose, Oppose, Oppose Emilio Lira worked as a financial advisor for Edward Jones. Between November […]
The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows stating that more than 80% of employers use this technology.
It’s common to encounter people with service dogs when you’re out and about town, such as at the grocery store, a sports arena, or a doctor’s office. These types of businesses are considered “places of public accommodation” under Title III of the Americans with Disabilities Act (ADA), and as a general rule, they must allow […]
As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated guidance that had no clear direction and making it worse with increased reliance on shifting public health standards.
A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]
In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake.
The U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, recently ruled on whether an individual was qualified to receive the benefit of a reasonable accommodation during the pre-application testing process. Read on to understand how this case affects your own hiring procedures.