American Society of Employers
Michigan Takes Important Step to Improve Inclusivity at Work

21 March 2023

Michigan Takes Important Step to Improve Inclusivity at Work

Author: Heather Nezich

Last week, Governor Gretchen Whitmer signed legislation expanding the Elliott-Larsen Civil Rights Act (ELCRA). The bill reaffirms legal protections for sexual orientation and expands coverage to include gender identity and expression. 

NLRB Defends Speech Supporting Racial Discussions

7 March 2023

NLRB Defends Speech Supporting Racial Discussions

Author: Anthony Kaylin

The National Labor Relations Board Office of General Counsel issued an Advice Memorandum with the position that group discussions in the workplace concerning racial bias are protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), and employees who engage in such activity are protected from employer retaliation.  This memo applies to both union and nonunion employees.
Making Space for DEI

3 January 2023

Making Space for DEI

Author: Linda Olejniczak

DEI initiatives have stalled for a second year according to the McLean & Company HR Trends 2023 survey results.  In our work helping companies develop roadmaps for DEI, a handful of key areas lacking:

5 Ways to Embrace Neurodiversity in Your Workplace

6 December 2022

5 Ways to Embrace Neurodiversity in Your Workplace

Author: Heather Nezich

Many neurodivergent job seekers say they’ve faced barriers in the hiring process despite offering many positive attributes that can help employers thrive, such as creativity, accuracy, loyalty, and other strengths. 61% of neurodivergent respondents to a recent survey said they experienced stigma or felt misunderstood at some point during their career. So, how can you create an inclusive environment that embraces neurodiversity?

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

29 November 2022

EEOC Guidelines on LGBTQ Struck Down by Court, Now What?

Author: Anthony Kaylin

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.

Be Aware of Potential Bias with AI

22 November 2022

Be Aware of Potential Bias with AI

Author: Susan Chance

Artificial Intelligence (AI) is being used more often and for a variety of purposes. Michigan State University received a $1.7 million grant to use AI in finding new drugs for treating diseases. Cyber security uses AI in various forms such as facial recognition to “verify a person’s real-world identity.” These seem to be good uses for AI.

Do Diversity Programs Work?

16 November 2022

Do Diversity Programs Work?

Author: Anthony Kaylin

Although diversity and DEI programs have proliferated, many question the effectiveness of these various programs.  It’s a booming industry. There are more diversity professionals today than anytime in the past.  Are they making an impact?

Michigan Supreme Court Rules That Sexual Orientation is Covered by Michigan Law

2 August 2022

Michigan Supreme Court Rules That Sexual Orientation is Covered by Michigan Law

Author: Anthony Kaylin

Last week, the Michigan Supreme Court in a 5-2 decision ruled in the Rouch World LLC v. Department of Civil Rights (SC Docket 162482) case that sexual orientation is covered by “sex” in the Elliott-Larsen Act. This case was brought by businesses that denied services to customers who were either a same-sex couple or an individual who was transitioning their gender identity for religious reasons. Defendants in the lawsuit include Uprooted Electrolysis LLC, based in Gwinn, and Rouch...
When an Employee Refuses to do Work That Violates Their Religious Beliefs

26 July 2022

When an Employee Refuses to do Work That Violates Their Religious Beliefs

Author: Anthony Kaylin

In a recent situation that not only involved religious beliefs but also medical needs, a Walgreens’ employee refused to sell a male contraceptive to a married woman because it violated their faith.  Walgreens policy allows for employees to do this.  A Walgreens spokesperson said that its employees are allowed to “step away from completing a transaction to which they have a moral objection.”  A manager eventually sold the contraceptive to the woman. 
The Importance of Inclusive Employment Forms

26 July 2022

The Importance of Inclusive Employment Forms

Author: Linda Olejniczak

Inclusive forms and paperwork are an important part of LGBTQ-affirming organizational culture. Not only will inclusive forms allow your organization to capture the most accurate information, but they also serve as “markers” for people exploring your organization. Forms, paperwork, and applications send strong messaging around who is welcome and counted in your culture.

Is There Going to be a New Standard for Religion in the Workplace?

5 July 2022

Is There Going to be a New Standard for Religion in the Workplace?

Author: Anthony Kaylin

Although there were a number of ancillary issues with the recent U.S. Supreme Court case of Kennedy v. Bremerton School District, No. 21-418 (June 27, 2022), a major question for employers is how to now regulate religion in the workplace.  At first blush, the Kennedy decision seemed to be about a public high school teacher leading a prayer with students at the 50-yard line after a football game, separation of church and state, but it has broader implications as to religion in the...
Discrimination Issues with AI

31 May 2022

Discrimination Issues with AI

Author: Anthony Kaylin

As more organizations embrace artificial intelligence (AI), the EEOC and U.S. Department of Justice (DOJ) have begun to be more cognizant of the discriminatory issues associated with these tools.

When Diversity Messaging and Beliefs Collide to Create Liability to an Organization

24 May 2022

When Diversity Messaging and Beliefs Collide to Create Liability to an Organization

Author: Anthony Kaylin

In today’s world, gender identity is a hot topic and extremely fluid.  At the same time, “old school” values, many times from religious upbringing, will collide with “new world” values.  As the platinum rule for diversity is “treat others as they want to be treated,” this brings up the situation when in diversity neither side can treat the others as they would want.

 

U.S. Department of Justice Issues New Guidelines for Website Accessibility

3 May 2022

U.S. Department of Justice Issues New Guidelines for Website Accessibility

Author: Anthony Kaylin

On March 18, 2022, the U.S. Department of Justice ("DOJ") published guidance on website accessibility specific to how state and local governments (Title II of the ADA) and "public accommodations" (Title III of the ADA) can remove unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. 

Perceptions are not Always Reality – Minority Estimation Biases

19 April 2022

Perceptions are not Always Reality – Minority Estimation Biases

Author: Anthony Kaylin

Americans tend to overestimate the percentages of minority groups in the U.S.  The news, politics, and other outlets may exacerbate a situation or activity, simply because of reporting biases. A new poll from YouGov America appears to confirm that in broad terms, Americans consistently, and vastly, overestimate the size of minority groups.

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