Discrimination and Harassment

New Trump Executive Order Bars Certain Diversity-Related Contractor Training

President Trump has signed new Executive Order (E.O.) 13950 (September 22, 2020), that among other things prohibits federal contractors and

By |2020-10-02T16:04:26-05:0010/2/2020|Categories: Discrimination and Harassment, Government Contracts, Policies and Practices|Tags: , , , |Comments Off on New Trump Executive Order Bars Certain Diversity-Related Contractor Training

House of Representatives, With Large Bipartisan Majority, Approves “Pregnant Workers Fairness Act”

The U.S. House of Representatives has approved legislation that would require employers to offer reasonable accommodations to pregnancy-related limitations, unless

By |2020-09-27T17:34:10-05:009/27/2020|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment|Tags: , , |Comments Off on House of Representatives, With Large Bipartisan Majority, Approves “Pregnant Workers Fairness Act”

EEOC Approves Issuance of “Formal” Opinion Letter Clarifying Agency’s “Pattern-Or-Practice” Authority

During the Obama Administration, the then General Counsel of the Equal Employment Opportunity Commission (EEOC) pursued a number of novel

By |2020-09-22T14:38:07-05:009/22/2020|Categories: Agency Enforcement, Discrimination and Harassment|Tags: , , , , |Comments Off on EEOC Approves Issuance of “Formal” Opinion Letter Clarifying Agency’s “Pattern-Or-Practice” Authority

Recent Ruling by Fifth Circuit in EEOC v. Vantage Energy Services Once Again Raises Issue of What Constitutes a Valid EEOC Charge

In EEOC v. Vantage Energy Services, Inc. , No. 19-20541 (5th Cir. April 3, 2020), the Fifth Circuit Court of

By |2020-08-30T22:40:39-05:008/30/2020|Categories: Discrimination and Harassment|Tags: , |Comments Off on Recent Ruling by Fifth Circuit in EEOC v. Vantage Energy Services Once Again Raises Issue of What Constitutes a Valid EEOC Charge

Supreme Court’s Religion Rulings Suggest That Justices May Have Interest in Revisiting Employer’s Duty To Reasonably Accommodate Religious Practices

During its recently concluded term, the U.S. Supreme Court decided several important cases addressing religious liberties, one of which relates

By |2020-08-30T22:37:13-05:008/30/2020|Categories: Disability, Accommodations, and Leaves, Discrimination and Harassment, Supreme Court|Tags: , |Comments Off on Supreme Court’s Religion Rulings Suggest That Justices May Have Interest in Revisiting Employer’s Duty To Reasonably Accommodate Religious Practices

Eleventh Circuit Reverses Three-Judge Panel Decision in Gogel v. Kia Motors, Rules HR Manager’s “Opposition” Conduct Was Not Protected Under Title VII Because It Rendered Her “Ineffective in the Position” for Which She Was Employed

A divided en banc Eleventh Circuit ruled recently that an HR manager’s actions of providing a colleague with the name

By |2020-08-21T13:00:43-05:008/21/2020|Categories: Discrimination and Harassment, Whistleblowing and Retaliation|Tags: , , |Comments Off on Eleventh Circuit Reverses Three-Judge Panel Decision in Gogel v. Kia Motors, Rules HR Manager’s “Opposition” Conduct Was Not Protected Under Title VII Because It Rendered Her “Ineffective in the Position” for Which She Was Employed

Ruling by NLRB in General Motors Overturns Prior Precedent That Protected Racist and Sexist Speech at Work

In a major ruling, the National Labor Relations Board (NLRB) has overturned longstanding precedent that in effect shielded employees’ racist

By |2020-08-02T22:15:33-05:008/2/2020|Categories: Discrimination and Harassment, Labor Relations|Tags: , , |Comments Off on Ruling by NLRB in General Motors Overturns Prior Precedent That Protected Racist and Sexist Speech at Work

Tenth Circuit, Ruling in Frappied v. Affinity Gaming Black Hawk, LLC and Citing Supreme Court’s Recent Landmark LGBTQ Decision, Allows Title VII “Sex-Plus-Age” Discrimination Claim To Proceed

Does Title VII permit a group of plaintiffs to bring a lawsuit claiming discrimination based on “sex-plus-age,” and if so,

By |2020-08-02T22:13:32-05:008/2/2020|Categories: Discrimination and Harassment|Tags: , |Comments Off on Tenth Circuit, Ruling in Frappied v. Affinity Gaming Black Hawk, LLC and Citing Supreme Court’s Recent Landmark LGBTQ Decision, Allows Title VII “Sex-Plus-Age” Discrimination Claim To Proceed

Supreme Court Declines To Hear Yovino v. Rizo , Leaving Circuit Split on Whether Prior Salary Can Be Used To Defend Against an Equal Pay Act Claim

The issue of how or even whether employers can consider an employee’s prior salary in making a compensation decision in

By |2020-07-19T22:13:38-05:007/19/2020|Categories: Compensation, Discrimination and Harassment, Supreme Court|Tags: , , |Comments Off on Supreme Court Declines To Hear Yovino v. Rizo , Leaving Circuit Split on Whether Prior Salary Can Be Used To Defend Against an Equal Pay Act Claim