Discrimination

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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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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