Blog

Discrimination

Second Circuit Joins Seventh Circuit in Recognizing Sexual Orientation Discrimination as Discrimination Because of Sex in Violation of Title VII
February 27, 2018
On February 26, 2018, the Second Circuit Court of Appeals (covering Connecticut, New York, and Vermont) joined the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) in finding that Title VII’s prohibition against discrimination because of sex includes discrimination due to sexual orientation.
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Sexual Harrassment and the New Tax Bill: What You Might Have Missed
January 23, 2018
Despite seemingly exhaustive coverage of both sexual harassment allegations and the Republican tax bill, there was little coverage of a small but important change in the tax laws that may have significant implications for settling sexual harassment claims in the workplace.
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Fabricated Texts? Something Else for Employers to Be Aware Of…
January 18, 2018
In Lee vs. Trees, Inc., the court threw out an employee’s Title VII lawsuit because she had submitted fabricated texts, supposedly from her supervisor, to support her claims of sexual harassment and retaliation.
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Reduction in Shifts Leads to Pregnancy Discrimination
December 7, 2017
As a result of removing a pregnant employee from its automatic computer scheduling, Bob Evans Farms engaged in discrimination in violation of the Pregnancy Discrimination Act (PDA) according to the U.S. District Court for the Western District of Pennsylvania.
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Veterans Day (Fictional) Mailbag: A Veteran, A Disabled Individual, And An Olympic Athlete Walk Into A…
November 10, 2017
Today is Veterans Day and we thank the men and women who are or have served in armed forces of the United States by responding to a (fictional) mailbag question that, fittingly, has something to do with veterans.
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Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
November 9, 2017
The Human Rights Tribunal of Ontario (the “Tribunal”) recently held that it is not discriminatory for employers to treat disabled workers with active WSIB claims more favourably in the accommodation process than disabled workers without such claims.
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EEOC Highlights New Types of Race Discrimination
November 2, 2017
I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner.
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Be Careful of What You Say About Your Former Employee…
October 25, 2017
Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim.
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U.S. Department of Justice Rescinds Policy Protecting Transgender Employees
October 17, 2017
On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant to Title VII of the Civil Rights Act of 1964.
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What’s in a Name? Ask Robert Lee
August 24, 2017
Instead of covering the top sports headlines of the day, ESPN has once again made the headlines and found itself embroiled in controversy. 
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Fictional Mailbag– Workplace Comic Creates Hostile Work Environment
August 21, 2017
The eclipse of 2017 is a perfect metaphor for today’s (fictional) mailbag letter.  Pete (last name withheld), a management employee who appears to have HR responsibilities, is clearly bothered by two employees who have complained to him about jokes made in the workplace by a third employee (who is a standup comedian on weekends)
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Could Google’s Firing of Engineer Lead to Legal Trouble?
August 18, 2017
Earlier this month, Google software engineer James Damore forwarded a 10-page memorandum to his coworkers via employee forums and email.
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Tweets Follow

Apr 16

New York City Proposes Right to “Ignore Your Boss” Law: https://t.co/MA3VIImggO

Apr 16

Proposed Regulations Intended to Reduce Employer Healthcare Costs: https://t.co/qz43AZGn2U

Apr 11

@NLRB Shifts to Republican Majority: https://t.co/XpIEQLegDr