Discrimination

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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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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