Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more
7/12/2024
/ Bias ,
Civil Rights Act ,
Discrimination ,
Diversity ,
Employee Training ,
Insubordination Policy ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Termination ,
Title VI ,
Title VII ,
Wage and Hour
Comments being accepted thru Dec. 5.
The U.S. Equal Employment Opportunity Commission has issued a draft Strategic Plan for 2022-26, and is inviting public comments through Monday, December 5....more
So misunderstood!
NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more
9/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
At-Will Employment ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Termination ,
Title VII ,
USERRA ,
Wage and Hour
How could something so convenient be so risky?
Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more
And on to President Biden, who is expected to sign.
Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
Employers, don't get played.
"This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all."
Oh, yeah?...
...more
5/28/2021
/ At-Will Employment ,
Discrimination ,
Documentation ,
Due Process ,
Employer Liability Issues ,
Employment Contract ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
NLRA ,
Reasonable Accommodation ,
Retaliation ,
Termination ,
Wage and Hour ,
Whistleblowers
Here's the "carrot," after last week's "stick."
Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more
It's official! (Well, close enough.)
This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more
12/15/2020
/ Discrimination ,
Electoral College ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Joe Biden ,
NLRB ,
OSHA ,
Personal Protective Equipment ,
Wage and Hour ,
Workplace Safety
Only YOU can prevent a social media firestorm.
My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more
We're back in business, baby! (Sorta.)
Life in general may be returning to normal after our two-month exile, and many employers are starting to bring their employees back to work. Are you ready? How much do you really know...more
National origin, race, age, pregnancy -- and coronavirus.
Dear Readers:
No, I have not quit blogging!
As you can imagine, we at Constangy have been consumed with getting up to speed on new laws like the Families First...more
In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that...more
Is it national origin discrimination for your employer to remove you from a work assignment because your name is the same as that of a long-deceased Anglo-American who is currently out of favor?
Robert Lee, sports announcer...more
If you’re a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are,...more
*For employment law advice.
Amy Dickson of the syndicated advice column “Ask Amy” is someone I read daily and agree with maybe 50 percent of the time. On most of the matters on which we disagree, she is probably right and...more
Was the EEOC more laid-back this past fiscal year than it was in FY15?
The U.S. Equal Employment Opportunity Commission issued its Fiscal Year 2016 Performance Report this week (here’s the press release, in case you don’t...more
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it’s great.
Small businesses, which may be just below...more
Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating...more
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining?
Hardly any, it appears.
In Mach Mining, the Supreme Court decided...more
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments....more
The U.S. Department of Justice has recently issued a memorandum entitled “Individual Accountability for Corporate Wrongdoing.” According to the Memorandum, companies involved in federal criminal and civil investigations will...more
9/25/2015
/ C-Suite Executives ,
Cooperation ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Discrimination ,
Employment Policies ,
Government Investigations ,
Protected Activity ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news...more
9/21/2015
/ Attorney's Fees ,
Colleges ,
Discrimination ,
E-Signatures ,
Federal Contractors ,
Harassment ,
Human Resources Professionals ,
Kleiner Perkins Caufield ,
Mental Health ,
NLRB ,
OFCCP ,
OSHA ,
Pay Transparency ,
Retaliation ,
Sex Discrimination ,
Social Networks ,
Technology Sector ,
UK
Yahoo’s CEO Marissa Mayer announced this week that she is expecting twin girls, and Yahoo’s stock reportedly took an immediate dive. (H8rs!) Mayer said that she plans to take only two weeks off, and she can probably manage...more
Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she...more