The Sixth Circuit Court of Appeals, whose jurisdiction includes Michigan, ruled against a machine parts manufacturer last August when it overturned a lower court decision that held an employee’s severance agreement barred her lawsuit alleging Title VII discrimination and violation of the Equal Pay Act.
In May 2019, JP Morgan Chase reached a tentative settlement of $5 million dollars to resolve a class action lawsuit alleging the bank’s parental leave policy was biased against dads. It is the largest recorded settlement in a U.S. parental leave discrimination complaint.
ASE receives many calls regarding assessment tools to evaluate employment candidates. There are many testing instruments in the market that test for job skills, intellectual acumen, and candidate-to-job personality fit.
It seems we are living in an age where 1960’s racial and gender reporting requirements are archaic. More workers are not identifying themselves by race/ethnicity and/or gender when applying for positions or when onboarding.
Did you know friendship as a hiring factor can beat off a discrimination allegation? A recent Michigan Court of Appeals ruling affirms other court decisions holding the same.
The hottest issue in the EEO area is pay discrimination. In the news it is often written that women earn approximately 20 cents or more less than a male counterpart. When it is broken down by race, the disparity grows even larger. However, does disparity mean discrimination?
There have been a number of lawsuits filed testing the accessibility of websites and compliance under the Americans with Disabilities Act (ADA). It is costly for organizations to defend these lawsuits, and especially will be as “tester” applicants muddy the waters.
For employers defending an equal pay act (EPA) discrimination claim, the “factor other than sex” affirmative defense generally prevails, except when it doesn’t. And lately, courts have been more reluctant to accept the affirmative defense.
The answer is no, according to the 10th Circuit Court of Appeals (which covers Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho). This decision brings it in line with other circuit courts of appeals.
Addressing whether or not a request for religious accommodation is reasonable can be a challenge. Employers often believe that the accommodation requested must be met exactly. But it is only the religious practice that requires accommodation. Any non-religious “losses” that occur as a result are not the employer's responsibility.
A question that has been pending for many years has been whether applicants, and not just employees, can avail themselves to the Age Discrimination in Employment Act (ADEA) disparate impact provisions.
While the recent EEOC case against Diverse Lynx, revealed that age discrimination still exists when they told an applicant born in 1945 that they were no longer interested and “age does matter,” many employers are now embracing an older work generation.
Following the leads of the U.S. 2nd Circuit and 7th Circuit Court of Appeals, the 6th Circuit Court of Appeals (which includes Michigan) continues the expansion of the definition of “sex” under Title VII and recognizes that discrimination on the basis of transgender and transitioning status or gender identity is discrimination on the basis of sex.
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