Discrimination / Harassment

Summer’s here and so are new employment laws

07/07/2023

Summertime is often when new employment laws take effect, and this summer is no exception.

Biased bosses: Beware ‘Cat’s Paw’ liability for discriminatory firing

07/07/2023

Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

Beware impact of Supreme Court’s affirmative action decision on DEI programs

07/03/2023

The decision in Students for Fair Admissions v. President and Fellows of Harvard College said two universities’ affirmative action policies lacked sufficient focus and measurable objectives warranting the use of race as admissions criteria and involved their own form of racial stereotyping to make admissions decisions. For employers committed to diversifying their workplaces, the case offers lessons to avoid similar legal challenges.

Supreme Court raises the bar for denying religious accommodations

06/30/2023

In a unanimous opinion, the Supreme Court on June 29 decided that the appropriate standard for rejecting or making a reasonable accommodation for employees’ religious needs is whether granting an accommodation would substantially increase costs in relation to the conduct of the organization’s particular business.

$25.6 million! Cost of scapegoating white manager for racial profiling

06/30/2023

Back in 2018, a Starbucks manager approached two Black men waiting for a colleague and said they had to buy something or leave. An argument ensued and police were called. The two men were led away in handcuffs but released a few hours later without charges. What followed was a public relations nightmare for Starbucks, which was accused of racial profiling.

Ensure college recruiting materials don’t illegally exclude foreign applicants

06/26/2023

If you recruit college students, make sure your recruiting materials don’t imply you won’t consider hiring noncitizens such as those holding temporary visas. Otherwise, you can expect an enterprising student to file a potentially costly claim with the U.S. Department of Justice.

You may not have to grant religious accommodation, but you must have a conversation about it

06/21/2023

Driven largely by complaints that being forced to be vaccinated against the coronavirus violated employees’ religious beliefs, EEOC charges alleging discrimination on the basis of religion shot up more than 500% in fiscal year 2022.

Pregnant employee? You’re not their doctor and you don’t know what’s best for her!

06/21/2023

The Pregnant Workers Fairness Act takes effect June 27. In the run-up to that date, the EEOC has begun filing pregnancy-discrimination lawsuits at a rapid clip. For example, it just sued a bar over allegations that managers adopted a paternalistic approach to pregnancy, resulting in the firing of a pregnant bartender.

Case of the Week: OK to ask about basis for religious-accommodation request

06/15/2023

A series of Supreme Court decisions have protected beliefs that are theistic in nature—that is, they include a belief in God as defined in major world religions and their variants. But other decisions hold that non-theistic moral or ethical beliefs sincerely held with the strength of traditional religious beliefs are also entitled to reasonable accommodation.

Avoid retaliation lawsuits with these 4 best practices