Discrimination

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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Latest U.S. Supreme Court Case Favors Religious Rights Over Laws Prohibiting Discrimination Against LGBTQ+, Signals Potential Expansion of Religious Rights
June 18, 2021
In a potential expansion of religious freedom rights, the U.S. Supreme Court in the case of Fulton v. City of Philadelphia, Pennsylvania, held that the City of Philadelphia could not require Catholic Social Services, a group contracting with the City to provide foster care services for over 50 years, to certify same-sex couples as foster care providers in violation of the Catholic church’s view that marriage is a sacred bond between one man and one woman.
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SOGI (Sexual Orientation and Gender Identity) Discrimination? The EEOC Offers Guidance
June 16, 2021
Coining a new acronym (which we are not sure how to pronounce), the federal Equal Employment Opportunity Commission announced new resources regarding LGBTQ+ workplace rights on June 14, 2021.
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Employers – Make Sure Your Story Makes Sense! (And Is Truthful!)
April 7, 2021
Every now and then I read a case where from the beginning when presented with the employer’s handling of a termination, I can see the wheels coming off – so to speak.
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Illinois: New IHRA Amendments Severely Limit Employers’ Ability to Consider Criminal Background
March 26, 2021
On March 23, 2021, Illinois Governor J.B. Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history.
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Maryland’s General Assembly Overrides “Ban the Box” Veto – What’s Next for Employers
February 3, 2020
On January 30, 2020, the Maryland General Assembly voted to override Governor Hogan’s veto of the “Ban the Box” bill that was passed in the last legislative session, just as we predicted.
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OFCCP Issues New Construction Technical Assistance Guide
November 27, 2019
On November 13, 2019, the U.S. Department of Labor announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors.
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