Workplace discrimination

Subscribe to Workplace discrimination via RSS

After President Trump’s DEI-related Executive Orders and Presidential Acts, employers have grappled with their DEI policies. Employers now have some agency guidance on what the Trump Administration considers illegal DEI practices and potential implications. The documents linked below focus on “educating the public about unlawful discrimination related to ‘diversity, equity and inclusion’ in the workplace.”Continue Reading What employers need to know about the EEOC’s guidance regarding discrimination related to DEI and Title VII

On Mar. 4, 2024, the United States Court of Appeals for the Eleventh Circuit upheld the lower court’s ruling that parts of Florida’s House Bill 7, dubbed the Individual Freedom Act or the “Stop WOKE Act”, are unconstitutional and infringe on an employer’s free speech rights. Florida Governor Ron DeSantis signed the Individual Freedom Act in 2022 as part of his campaign against what he terms “woke ideology.”Continue Reading Eleventh Circuit upholds lower court decision holding Florida Individual Freedom Act unconstitutional

As artificial intelligence capabilities continue to increase, employers will contend with many issues surrounding the use of AI in the workplace. To prepare employers to address some of these issues, we have created a series of posts examining employers’ use of AI.

AI is relatively new, but it is certainly here to stay. For employers considering implementing AI processes, there are some general considerations they should keep in mind as they delve into the ever-growing world of AI in the workplace.Continue Reading The impacts of AI in the workplace

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