American Society of Employers

Press Releases

Understanding the EEOC’s Approach to Religious Accommodations

11 June 2024

Understanding the EEOC’s Approach to Religious Accommodations

Author: Anthony Kaylin

In Groff v. DeJoy, 600 U.S. 447 (2023), the U.S. Supreme Court raised the bar on denying religious accommodations from showing an "undue hardship" in making the accommodation to incur "substantial increased costs" compared to the normal costs of business.  Previously, an employer could show that de minimis increase of costs would be an undue hardship. 

80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

7 May 2024

80,000 Fake Resumes Sent to 97 Large Organizations – What Happened?

Author: Anthony Kaylin

To test whether employers discriminate against job applicants based on perceived race based on names, economists with the University of California Berkeley and University of Chicago sent out about 80,000 fabricated resumes to 97 large employers using equivalent qualifications but different personal characteristics during the period of 2019-2021. They changed applicants’ names to suggest that they were white or Black, and male or female — Latisha or Amy, Lamar or Adam.
EEOC Releases Final Guidance for Harassment Prevention at Work

30 April 2024

EEOC Releases Final Guidance for Harassment Prevention at Work

Author: Heather Nezich

Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) published final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” The guidance will help people feel safe on the job and assist employers in creating respectful workplaces.

Lateral Transfer Discrimination Defined

23 April 2024

Lateral Transfer Discrimination Defined

Author: Anthony Kaylin

In a unanimous 9-0 decision, a case decided last week changed the scope of how to view discriminatory actions of job or lateral transfers which seemingly have little to no impact on the employment opportunities of an employee.  Muldrow v. City of St. Louis No. 22-193 (2024) out of the 8th Circuit, asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant...
Final Pregnant Worker Fairness Act Rules Released This Week

16 April 2024

Final Pregnant Worker Fairness Act Rules Released This Week

Author: Michael Burns

On Monday the Equal Employment Opportunity Commission (EEOC) reported that the final version of the Pregnant Worker Fairness Act (PWFA) regulations will be published in the Federal Register August 19th.  The PWFA was passed December 29, 2022, and took effect in June of 2023. Last August proposed rules were released, and the public’s comments were requested. Over 100,000 comments were received.

EEOC Component 2 Reporting Doesn’t Really Show Much

19 March 2024

EEOC Component 2 Reporting Doesn’t Really Show Much

Author: Anthony Kaylin

On March 12, 2024, the EEOC issued a press release and report stating, “Men are more likely to be in higher pay bands than women.”  This was the only meaningful statement in the report.  Specifically, the EEOC released a data dashboard featuring the first-time collection of 2017 and 2018 pay data reported by about 70,000 private employers and certain federal contractors with 100 or more employees each year, representing over 100 million workers. The dashboard contains a...
Don’t Discriminate Against Generation Z

13 February 2024

Don’t Discriminate Against Generation Z

Author: Anthony Kaylin

As Gen Z continues to assert its presence in the workforce, marked by its diverse composition and unapologetic advocacy, employers are urged to recalibrate their approaches and expectations to foster a more inclusive and productive work environment for all generations.

Misgendering in the Workplace

23 January 2024

Misgendering in the Workplace

Author: Anthony Kaylin

With gender identification becoming more fluid, there is an inherent conflict of how to identify a fluid gender employee while respecting religious beliefs.  As a result, there are more court cases filed to protect one right with a defense of the other right leaving employers in the middle and on edge at times.  This tension can cause disruptions to the culture and to productivity if not addressed properly, whatever that may mean.

Are You Using Job Codes to Steer Employees?

16 January 2024

Are You Using Job Codes to Steer Employees?

Author: Anthony Kaylin

In November 2023, a lawsuit was filed against Amazon based on equal pay in which women are paid less than men performing the same or comparable work.  The lawsuit also alleges discrimination in promotions and retaliation against anyone who complains. 

Will an EEO Case Upend Affirmative Action?

19 December 2023

Will an EEO Case Upend Affirmative Action?

Author: Anthony Kaylin

A case was argued last month before the Supreme Court, Muldrow v. City of St. Louis No. 22-193 out of the 8th Circuit, which asked the question: “Does Title VII prohibit discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage?”  It should have been an easy case.

What is an Undue Hardship for Denying a Religious Accommodation?

12 December 2023

What is an Undue Hardship for Denying a Religious Accommodation?

Author: Anthony Kaylin

Earlier this year, the U.S Supreme Court, in Groff v. DeJoy, Postmaster General (600 U.S ______ 2023), redefined the requirements of “undue hardship” in a religious discrimination context and held that it means more than just a “de minimis” burden on the employer. Using the term de-minimis cost is “substantial in the overall context of an employer’s business.”

Do Employers Have to Accommodate an Employee’s Commute to Work?  One Court Said Yes – Sort Of

7 November 2023

Do Employers Have to Accommodate an Employee’s Commute to Work? One Court Said Yes – Sort Of

Author: Anthony Kaylin

The U.S 7th Circuit Court of Appeals recently ruled that a case can go to trial on whether an employer was required to provide an accommodation to an employee that had difficulty driving at night and whose shift ended at 9:00 p.m.  According to the court, the main question before it is whether the employee was entitled to a modified work schedule as an accommodation to make his commute safer.

EEOC Issues New Harassment Guidance

10 October 2023

EEOC Issues New Harassment Guidance

Author: Anthony Kaylin

On Monday October 2, 2023, the EEOC released its new proposed Harassment Guidance for comment to the public.  Comments must be in by November 1, 2023. 

What’s New for EEO-1 Reporting in 2023?

19 September 2023

What’s New for EEO-1 Reporting in 2023?

Author: Anthony Kaylin

Since 1966 private employers with 100 or more employees and federal contractors with 50 or more employees and that meet certain criteria are required to report annually the number of individuals they employ by job category, sex, and race or ethnicity.  The EEO-1 report, although filed in 2023, is for the 2022 year.  So, the report is called 2022 EEO-1 Component 1.

Where Religion and Civility Become Loggerheads

22 August 2023

Where Religion and Civility Become Loggerheads

Author: Anthony Kaylin

Charlene Carter was a flight attendant at Southwest.  She allegedly claimed that she was fired because she objected to her union's participation in a protest for which Planned Parenthood was a sponsor.  Prior to that, Carter sent repeated messages on social media to the president of Carter's flight attendant union, expressing outrage over the union president’s alleged pro-abortion beliefs. The union president attended the 2017 Women’s March in Washington, D.C....
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