It’s not uncommon for employees who allege discrimination to drop the claim later and focus solely on a retaliation claim against their employer. Courts often dismiss discrimination claims as baseless, only to find the employer retaliated against the employee who made the allegations. Although employers aren’t required to suspend previously planned acts (e.g., investigations or […]
Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work environment,” “disparate treatment,” or the “disparate impact” of a particular employment practice. Disparate treatment cases involve claims in which an employee alleges […]
Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]
Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.
Today, more HR managers and organizations understand the need for diversity and inclusion in the workplace, but we still have a way to go. We must be the change we want to see in the world. This starts with increasing your awareness, respecting one another, listening to one another, and focusing on the power of […]
An employer that terminated a female employee who left work early to attend to what an appeals court called an “inherently female” emergency situation must face a jury trial on a gender discrimination claim.
Most employers agree that a diverse workplace benefits from the insights and skills of working parents. After all, parents are often the ones who know best how to relate to coworkers, clients, and customers who are also parents. And it’s the working parents who often have mastered the art (science?) of juggling tasks and getting […]
For employers that offered telework as a temporary option in the earlier phases of the COVID-19 pandemic, now is the time to evaluate whether a formal remote working policy is a good fit going forward. While offering telecommuting options may have business advantages such as being a recruiting tool, lowering facility and travel expenses, and boosting morale, there are also legal risks to consider.
The words “sex” and “gender” are often used interchangeably, but there are important distinctions, especially when it comes to employers staying out of legal trouble for sexual harassment or gender discrimination.
Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times attempted to regulate the amount of testosterone in people like Semenya, and the entire situation has raised real questions about […]