Tag: Title VII of the Civil Rights Act of 1964

confict

Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

Employers, beware: Facility issues may result in violations of Title VII

by Jacob M. Monty Many employers are aware of the serious problems that can arise if workers and supervisors engage in racially or sexually motivated taunts and speech. However, few employers realize that they may need to worry about the design and condition of their facilities. The facilities of a now-closed Sara Lee factory in […]

Diversity

Employers look to ‘culture of inclusiveness’ in era of expanding LGBT rights

Inclusiveness, civility, respectful treatment: Those are all concepts getting a lot of attention as employers struggle to cope with what seems like an increasingly divisive culture often threatening to bleed over into the workplace.  A changing legal landscape also must be considered as employers strive for productive and nondiscriminatory working environments. For example, a landmark […]

Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Ryan B. Frazier Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. […]

FEHA

Americans first: Preference for foreign workers can run afoul of federal laws

by Jacob M. Monty Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico […]

EEOC maintains steady position on transgender employees’ rights

by JW Furman With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  There’s no reason to believe that the Equal Employment Opportunity […]

VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]

Are rules for same-sex marriage about to change in Texas?

by Jacob M. Monty The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, […]

Walking the workplace proselytizing tightrope

by David L. Johnson “Have a blessed day.” “I’m praying for you.” “Are you a believer?” “Would you be interested in attending church with me?” Comments and questions like those may be common in your workplace. On the one hand, Title VII of the Civil Rights Act of 1964 bars employers from discriminating against employees […]

What’s gender identity got to do with work?

by Amanda M. Jones From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity issues have become the subject of […]