Tag: Title VII

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 […]

A Word for the EEOC from Bob Kazamakis*

Do I look like someone who would waste my own time? Robert California, The Office This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a […]

The return of the quarterback evangelist

With the NBA and the NHL heading into the playoffs and Major League Baseball’s 2015 season underway, one might think that the NFL would have a hard time breaking onto page 1 of the sports section these days. (For younger readers, that was a reference to something we used to call a “newspaper.”) Not so! […]

DOJ is the latest federal agency to extend Title VII protection

by Leslie A. Sammon Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination by all private employers, state and local governments, and educational institutions with 15 or more employees. We are all familiar with Title VII’s prohibition against sex discrimination in the workplace. In recent years, the Equal Employment Opportunity Commission (EEOC), […]

Anatomy of an employment lawsuit: best HR practices to help you win

by Michael J. Modl Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank […]

Avoiding reverse disability discrimination claims

by Andy Rodman Q As part of my company’s diversity efforts, I would like to reach out to some disability advocate groups to try to fill a few vacant positions. I’m afraid that by doing so, I may be opening up the company to reverse discrimination claims under the Americans with Disabilities Act (ADA). Are […]

Tribal hiring preference not national origin discrimination

by Nancy Williams Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) has taken the position that this provision doesn’t permit preference for members of a particular tribe. In the […]

Maintaining a religion-neutral workplace

by Charles S. Plumb About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a satanic group then asked Oklahoma’s Capitol Preservation Commission for permission to erect […]

Wiccan what? Religious accommodations and sincerely held beliefs

by Steve Jones Q If an employee asks for time off for her religious beliefs, can I legally question her about her religion (e.g., what her religion is and why she needs off)?  A Most likely, yes. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion. The Act requires employers […]