Workplace discrimination

Subscribe to Workplace discrimination

In a unanimous decision on June 29, 2023, the United States Supreme Court clarified, without overruling, a decision on religious belief accommodations that has guided employers since 1977. According to the Supreme Court, what the Equal Employment Opportunity Commission (EEOC), lower courts, employment lawyers and human resource professionals have for nearly 50 years considered to be the test for assessing “undue hardship” when accommodating religious beliefs was never intended to provide such a standard.

Continue Reading United States Supreme Court clarifies employer duty to accommodate religious beliefs

As we enter the third year of a pandemic, the ongoing disruption caused by COVID-19 and its variants often leaves employers juggling legal and business considerations regarding their workforce. Specifically, many employees are also caregivers — whether they are caring for children, a spouse, an individual with a disability or older relatives. …
Continue Reading Caring for caregivers: Understanding caregiver discrimination under federal laws

We recently reported that the Senate passed a #MeToo bill that banned the use of mandatory arbitration agreements for sexual harassment and sexual assault claims. This bill was signed into law by President Biden on March 3, 2022. On March 17, 2022, the House took it a step further and voted 222-209 to pass the Forced Arbitration Injustice Repeal Act (H.R. 963).
Continue Reading House passes bill banning mandatory arbitration agreements

In honor of LGBTQ+ Pride Month, the U.S. Equal Employment Opportunity Commission (EEOC) recently released a number of resources to educate employers, employees and applicants about the right to be free from sexual orientation and gender identity discrimination in employment. Although these resources simply restate existing law and policy, they are a great refresher for employers that want to ensure they are complying with federal employment discrimination law.
…
Continue Reading EEOC issues guidance documents to commemorate LGBTQ+ Pride Month

The Equal Employment Opportunity Commission (EEOC) recently released its fiscal year 2020 statistics of charges filed and resolved on behalf of charging parties. There were 67,448 charges filed in fiscal year 2020, a reduction from the previous year and the lowest number of charges filed since at least 1992. While part of this drop may be explained by the COVID-19 pandemic, there has also been a decrease in charges filed each year since 2016.
…
Continue Reading EEOC releases fiscal year 2020 charge and litigation data: Retaliation claims continue to dominate

On Jan. 12, 2021, Gov. Mike DeWine signed the Employment Law Uniformity Act (H.B. 352) into law. This act will significantly modify several aspects of Ohio’s workplace anti-discrimination laws and will bring Ohio law into conformity with federal law. The law will take effect in April 15, 2021.
…
Continue Reading Big changes to Ohio’s anti-discrimination laws coming this spring

On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released additional guidance covering topics like the well-intended exclusion of workers over the age of 65 who, according to the Centers for Disease Control and Prevention (CDC), are deemed to be at greater risk for severe cases of COVID-19. The guidance also covers issues related to  pregnancy, remote harassment and employees living with family members who are high risk due to underlying health conditions.
Continue Reading You know what they say about good intentions…Can an employer exclude employees 65+ from the workplace to prevent COVID-19 risk?

In a landmark decision issued today, the U.S. Supreme Court held in a 6-3 opinion that the sex discrimination prohibitions of Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation or transgender status. The opinion was authored by Justice Gorsuch, and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.
Continue Reading Sexual orientation and transgender status protected under Title VII sex discrimination prohibition