13 February 2024
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.
23 January 2024
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.
16 January 2024
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.
19 December 2023
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.
12 December 2023
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.”
7 November 2023
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.
10 October 2023
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.
19 September 2023
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.
22 August 2023
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....
15 August 2023
iTutorGroup Inc. will pay $365,000 to a group of approximately 200 rejected job seekers age 40 and over, according to a consent decree filed in the U.S. District Court for the Eastern District of New York. The 2022 lawsuit against iTutorGroup Inc was the first by the U.S. Equal Employment Opportunity Commission (EEOC) involving a company's use of AI to make employment decisions.
1 August 2023
A recent case from the U.S. 5th Circuit Court of Appeals, Braidwood Management, Inc. v. Equal Employment Opportunity Commission, No. 22-10145 (5th Circuit Court of Appeals, 6/20/23), has opened the door for a possible super statute that can override the 1964 Civil Rights Act. In other words, a company who may be a for-profit but with a religious bent, think Hobby Lobby, could discriminate in hiring, for example, against someone of the LGBTQ community, a mother out of wedlock, and more. ...
11 July 2023
The Supreme Court ruled on June 30th in Creative LLC v. Elenis, No. 21–476 (6/30/23) that the First Amendment prohibits the state of Colorado, through its antidiscrimination statute, from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Although it is framed as a public accommodation case, this case, along with the Groff v. DeJoy, Postmaster General (600 U.S.___2023) religious accommodation case, may make it interesting...
13 June 2023
On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 (“TA”).
11 April 2023
An employee was terminated for performance reasons. Then they throw you a curve ball; they have cancer or need operable surgery that could rise to the level of ADA. You now have knowledge of it after you terminate the employee. What do you do?
29 November 2022
On June 15, 2020, the Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights (Bostock v. Clayton County Georgia, No. 17-1618 (June 15, 2020)). Before the decision, 21 states had their own laws prohibiting job discrimination based on sexual orientation or gender identity, and seven more provided that protection only to public employees. Michigan just recently added itself to the list.