Blog

Discrimination

Could Employer DEIB Initiatives Face Legal Challenges?
February 27, 2024
Just a few weeks ago, billionaire investor Mark Cuban and Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas squared off on X regarding a post.
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Employers, “When you assume, you make an ass out of u and me.” – Oscar Wilde (or not?*)
January 25, 2024
The EEOC had sued Walmart for sex discrimination, claiming that Walmart refused to promote a female employee based on sex stereotypes about women with small children.
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An Interesting Resolution to an EEOC Race Discrimination Investigation…
December 28, 2023
The Equal Employment Opportunity Commission just announced a resolution of its investigation into Groupon’s recruitment and hiring practices.
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Mandatory Retirement or Medical Exams Based on Age?
December 21, 2023
This week, the Equal Employment Opportunity Commission announced a $6.875 million settlement with Scripps Clinical Medical Group over its mandatory retirement age policy.
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Lessons from the World Cup – Gender Equity Goes Far Beyond Pay
August 24, 2023
One of the most shocking moments in the recent Women’s World Cup came after the final, when the head of the Spanish soccer federation kissed one of the victorious Spanish players
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Maryland’s Supreme Court Finds “Sex” Discrimination Protections Do Not Include Sexual Orientation (or Gender Identity)
August 16, 2023
In an interesting analysis of Maryland’s anti-discrimination law, Maryland’s highest court has determined that the State’s prohibition against “sex” discrimination, including in the workplace, does not include sexual orientation.
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Hey CEOs – Be Careful with Those Diversity Initiatives!
July 21, 2023
Following the Supreme Court’s recent decision prohibiting the use of race in college admissions, my (somewhat prescient?) warnings have taken on new urgency.
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The EEOC’s “Best Practices” for LGBTQI+ Employment Equity
April 27, 2023
In a recent article, the EEOC goes through a detailed and rather fascinating history of LGBTQI+ employees in the federal workplace.
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Code Words for Age Discrimination?
April 6, 2023
A couple of recent lawsuit announcements from the Equal Employment Opportunity Commission provide some lessons for employers who are facing an aging workforce.
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Where Have All the Charges Gone?
January 5, 2023
Five years after the #MeToo movement took shape, we are seeing an interesting trend in the Equal Employment Opportunity Commission charge data: the number of Charges of Discrimination (charges) filed since fiscal year 2016 are down — significantly.
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Bostock v. Clayton County: The Epilogue… and What It Means for Employers (for Now)
October 21, 2022
I give advice to employers on what to do in tricky situations, but don’t always hear whether my advice was implemented (I certainly hope so!) or what resulted (good things, hopefully!).
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The Crown Act & Hair-Based Discrimination
October 5, 2022
Employers should take heed as the number of states to enact legislation banning discrimination based on an individual’s hair has seen a significant increase over the past year.
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