Discrimination
Seventh Circuit Decision Affirms Walmart’s Win in Pregnancy Bias Lawsuit
The United States Court of Appeals for the Seventh Circuit recently delivered a win to employers under the Pregnancy Discrimination Act (the “PDA”) in Equal Employment Opportunity Commission v. Walmart Stores East, L.P., Case No. 21-1690. Case Background The EEOC accused Walmart of engaging in sex discrimination under the PDA (an amendment to the Title…
Read MoreReading the Riot Act: $100 Million Settlement in Gender Discrimination Class Action
A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot Games. The lawsuit, filed in 2018 after an expose into so-called “bro culture” at Riot Games, asserted that the company…
Read MoreSixth Circuit Affirms First Amendment Protections for University Professor Refusing to Use Transgender Pronouns
Gender identity has been an issue of intense debate over the past couple of years. Courts are still grappling with the U.S. Supreme Court’s decision in Bostock v Clayton County, 140 S. Ct. 1731 (2020), which held that the 1964 Civil Rights Act protects gay, lesbian and transgender employees from discrimination based on sex. Although…
Read MoreEx-SHRM Worker Alleges Organization Let Bias Fester Behind ‘Principled Public Facade’
A self-described “brown-skinned Egyptian Arab woman” who worked for the Society for Human Resources Management filed a lawsuit against the organization June 30 alleging discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964 (Mohamed v. Society for Human Resource Management, No. 1:22-cv-01625 (D. Colo. June 30, 2022)). According to…
Read MoreEmployers Weigh Whether to Rescind Vaccination Policies
Now that the vaccine-or-testing emergency temporary standard (ETS) from the Occupational Safety and Health Administration (OSHA) has been withdrawn, employers that have instituted mandatory vaccination or vaccine-or-testing policies are deciding whether to stay the course or backtrack. The U.S. Supreme Court recently blocked OSHA’s vaccine-or-testing rule, an ETS that applied to employers with at least 100…
Read More4 Steps for Handling Religious Objections to Workplace Vaccine Mandates
Employers generally must explore reasonable accommodations for employees who refuse to get vaccinated against the coronavirus based on a sincerely held religious belief—but objections based on personal or political views are not protected under federal anti-discrimination laws. Many employers who implemented vaccine mandates have faced a tidal wave of requests for religious exemptions, according to…
Read MoreThe Return to the Office May Spur Harassment, ADA Claims
Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…
Read MoreShould Job Seekers Disclose Their Vaccination Status Upfront?
As more companies consider establishing a vaccine mandate, a trend is taking shape: Job seekers are promoting themselves as “Fully Vaccinated” on applications, resumes and LinkedIn profiles to stand out. Some experts are beginning to say that vaccination status is a must-have line item on resumes and LinkedIn profiles as employers prepare for regulations that…
Read MoreService Animals and Emotional Support Animals in the US: What Do You Need to Know?
What obligations do businesses and, in particular, the air transport industry have in the US in relation to accommodating service and emotional support animals? Executive Summary Title III of the Americans with Disabilities Act (ADA) prohibits disability discrimination in places of public accommodation, which includes businesses (including transit) that are open to the public, like…
Read MoreTiming Matters – Failure to Respond and Act Promptly Can Create Liability
A recent case emphasizes the importance of timing – both in terms of reacting to reports of employee misconduct and in imposing discipline (particularly termination). As the U.S. Court of Appeals for the Eighth Circuit recently found, terminating an employee, based on conduct that occurred months earlier, shortly after they complain of discrimination certainly seems…
Read More