Discrimination

Behind the Blind Selection Screen
November 19, 2019
A market has developed for blind interviewing software to strip identifying information from applicant resumes.
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The EEOC’s Approach to Remedies for Discrimination
September 11, 2019
As I was perusing a recently-released volume of the Equal Employment Opportunity Commission’s quarterly Digest of EEO Law, I came across an interesting article, “An Overview of Common Remedies Available in Disparate Treatment Claims of Discrimination.”
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What is Discrimination Based on Sex?
August 23, 2019
Despite Title VII’s continued use of the term “sex,” courts have used that term and “gender” interchangeably in many circumstances.
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Attempt to Protect the Employee from Racism Leads to Discrimination Claim!
August 22, 2019
In an ironic twist, a manager’s alleged attempt to protect an employee from racism resulted in a discrimination claim by that employee.
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Lactation Law Verdict Sends a Message: Don’t Mess With Mom!
May 7, 2019
$3.8 million dollars. That’s what a Tucson, Arizona jury awarded to a former fire paramedic denied workplace accommodations required under the Fair Labor Standards Act for women who want to pump breast milk for their infants.
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Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment
April 17, 2019
With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League  in 2003, has reached far beyond the football field.
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On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination
March 4, 2019
Employers across the country are on watch after a recent flurry of news about hairstyle discrimination.
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RIFs Are Not the Easy Solution for Problem Employees
January 16, 2019
Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed. The case of Hawks v. Ballantine Communications, Inc., however, highlights the peril of such thinking.
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Extraordinary Employee Misconduct: Hitting on Arrestees!
January 9, 2019
I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her!
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The Missouri Human Rights Act Does Not Apply Outside of Missouri
December 27, 2018
In Dwight Tuttle v. Dobbs Tire & Auto, Inc., No. ED106615 (Dec 18, 2018), Robert Younger and Dean Kpere-Daibo of McMahon Berger successfully defended an age discrimination and retaliation suit brought pursuant to the Missouri Human Rights Act where the Plaintiff was employed in Illinois.
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Tattoos and Social Media = Age Discrimination?
December 20, 2018
When a company relaxes its workplace policies to allow employees to openly display tattoos and use social media at work, does that mean it’s discriminating against older people?
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Lawsuit Over Health Insurance Coverage for Gender Reassignment will Proceed
September 27, 2018
A lawsuit against Essentia Health and HealthPartners regarding denied coverage for gender transition care has been allowed to proceed past a motion to dismiss.
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