Tag: Title VII of the Civil Rights Act of 1964

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 […]

Onionheads everywhere rejoice as NY federal court protects their ‘religion’ under Title VII

by Brent E. Siler The title of this article isn’t a typo or a joke. It’s a literal statement of holding in a recent federal case before the U.S. District Court for the Eastern District of New York, which found that an employer’s conflict-resolution program, which its creator dubbed “Onionhead” or “Harnessing Happiness,” was in […]

New EEOC guidance should remind employers to guard against retaliation

No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law […]

Don’t let Confederate flags lead to interoffice civil war

by Connor Beatty While enjoying a scenic drive along the Maine coast recently, I was startled to come across a giant Confederate flag prominently displayed in a house’s front yard. Less than a week later, a client contacted our firm to ask for advice in responding to an employee’s claim that a vehicle with a […]

Preventing discrimination against Muslim and Middle Eastern workers

by Anna C. Lukeman In the wake of recent terrorist attacks in Paris and San Bernardino, the Equal Employment Opportunity Commission (EEOC) has warned employers to be proactive and take measures against discrimination aimed at those who are or are perceived to be either Muslim or Middle Eastern.   In her statement to address this […]

‘Man up’: Sex discrimination claim goes to trial based on supervisor’s comments

by Stephen W. Jones The 8th Circuit recently reversed an Arkansas federal district court’s decision to dismiss a store manager’s sex discrimination claims. The appellate court indicated that a trial must be held to determine whether a district manager who allegedly made certain sexist comments to the store manager was a decision maker and, if […]

EEOC issues bathroom guidelines for transgender employees

by Charlie Plumb Last summer, the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees should have access to the restroom that corresponds to their gender identity rather than to their birth gender.  Presumably in response […]

Biased bias: when protected classifications intersect

by Connor Beatty If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen […]