Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support that interpretation absent Supreme Court interpretation or Congressional action.  A split circuit panel wrote that it is bound by precedent and cited the fact that Congress has not acted to extend protections.  The General Counsel for the EEOC stated that he disagreed with the court’s decision.

Discrimination

• The White House and EEOC celebrated the 25th Anniversary of the Americans with Disabilities Act.
• The EEOC issued a new fact sheet for Youth @ Work on religious discrimination.
• The EEOC sued a Texas oil fracking company for race discrimination, harassment, and retaliation.
• When a California mom took time off to care for her terminally ill newborn, she was told she needed to reapply for her old job, even though the position was open or available.

Technology

• Eric B. Meyer explained what employers can learn from the DNC email hack.
• Starbucks was criticized after its worker scheduling algorithm made lines longer.
• Entrepreneur outlined considerations for wearables in the workplace.
• Neural networks – like artificial intelligence – can identify and then replicate sexism.
• Forbes discussed seven technologies that will reshape the workplace.
• After posting a picture of himself swimming in the Caribbean on his Facebook page, a man was terminated for abusing leave and subsequently lost his FMLA retaliation claim.

In other developments:

• William Tincup and Matthew Stollak offered some half-baked HR ideas that could “disrupt” HR.
• Harvard Business Review provided tips on handling reference checks.
• HR Bartender wrote about telecommuting policies.