Blog

Discrimination

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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Retaliation Claims Can Drive You Nuts!
September 21, 2022
As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim.
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CMS Legal's Expert Worldwide Guide on Discrimination in the Workplace
September 19, 2022
This CMS Expert Guide profiles a number of key jurisdictions worldwide, looking both at statutory requirements on employers to prevent discrimination and best practice.
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Wait – But the Disability Law Doesn’t Actually Say That!
September 15, 2022
Awhile back, I wrote a blog post about Washington, DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist!
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Massachusetts: Divided Appeals Court Makes Summary Judgment Even Less Likely for Employers
August 29, 2022
Getting an employment case dismissed before trial has always been pretty elusive in Massachusetts state courts, but if a recent ruling by a divided panel of the Appeals Court stands as written, it just became even more difficult.
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Pregnancy Accommodation Win for Wal-Mart Over the EEOC
August 24, 2022
The Seventh Circuit Court of Appeals affirmed the grant of summary judgment in favor of Wal-Mart Stores East, LP (“Wal-Mart”) regarding a lawsuit brought by the Equal Employment Opportunity Commission (“EEOC”) under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.
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Are Rumor Based Beliefs a Defense to Discrimination Claims?
August 24, 2022
Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? An appellate court recently provided the answer.
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The EEOC Speaks: Pay Discrimination – Barriers and Suggested Actions
May 25, 2022
In this third (and final) post of our mini-series based on the Equal Employment Opportunity Commission’s pay discrimination article, we’ll take a look at the barriers to pay equity identified by the EEOC and their suggestions for preventing pay discrimination.
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Massachusetts: Are Your Sign-On Bonuses Creating Unintended Liability?
May 17, 2022
Could a sign-on bonus create liability under the Massachusetts Equal Pay Act? Yes, if you aren’t careful.
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The EEOC Speaks: Pay Discrimination – Intersectionality and Sex-Plus
May 17, 2022
“Intersectionality” or “intersectional discrimination” is a concept the EEOC developed to refer to discrimination arising through the intersection of two or more protected bases, like sex/race, or national origin/religion.
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Could Your Organization Unknowingly be Engaging in Caregiver Discrimination?
April 26, 2022
Employers need to make sure that they are not inadvertently treating caregivers differently based on pre-conceived notions about individuals’ roles in caregiving responsibilities.
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Tweets Follow

Nov 30

Recent Layoffs Provide Opportunities to Hire H-1B Visa Workers https://t.co/pjeghCdSxP

Nov 30

RT @Franczek: Franczek P.C.’s Mike Warner and Jenny Lee Pen Law360 Article: Does NLRA Preempt Suits Against Unions For Strike Damage? by Mi…

Nov 28

Harvard Fumbled the Bag* – A Lesson for Employers! https://t.co/BdFyrqpcCd