Title VII
Federal District Court Found That Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire
Over the past couple of months, we have been asked by our clients if there been any court rulings on whether companies can limit employees from wearing Black Lives Matter and other social justice attire to work. The answer is Yes. During this pandemic and the political and social unrest underlying the Black Lives Matter…
Read MoreEmployers Paid $439M to Resolve EEOC Discrimination Claims in 2020
Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…
Read MoreUnder the Biden Administration, Turbulence Awaits Employers at the NLRB
President Joe Biden wasted little time in making his mark on the National Labor Relations Board (“NLRB” or “the Board”) – a development of import to all employers, as the law it enforces, the National Labor Relations Act, protects the rights of all employees, not just union members, to engage in concerted activity regarding the…
Read MoreBiden Administration Issues Order on Gender Identity and Sexual Orientation
As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal agencies that enforce any laws that prohibit sex discrimination. In Bostock, the Court ruled that employees are protected…
Read MoreDefining ‘Sex’ in Title VII: The Bostock Decision and LGBTQ Rights
The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin. In a landmark decision that is a major victory for the LGBTQ community, the U.S. Supreme Court ruled…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read MoreBack to Basics: A Retaliation Refresher
In this, our fifth and final installment of Back to Basics, we outline an anti-retaliation checklist. Case in Point – when supervisors sat down with Frank Brown to tell him he couldn’t take leave to attend a doctor’s appointment with his wife during the workday, he yelled and banged his fists on the table, court documents…
Read MoreHR’s Anti-Discrimination Law Primer (Part 1)
Legislation from Title VII of the Civil Rights Act of 1964 to the Americans with Disabilities Act help define the boundaries of the U.S. workplace. Is it discriminatory to terminate a worker who can’t attend a Friday-night shift due to religious obligations? Could an employer demote someone who can’t carry out the essential functions of…
Read MoreOne Promotion Too Far
As human resources consultants, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a…
Read MoreIt’s Time to Review Your Employee Handbook
NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…
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