A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s...more
From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs...more
While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or...more
In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more
4/8/2024
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Employee Training ,
Employment Discrimination ,
Hiring & Firing ,
Human Rights Act ,
Race Discrimination ,
Sex Discrimination ,
Title VII ,
Wage and Hour ,
Weight Discrimination
In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and...more
On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more
What is caste and caste discrimination?
“Caste” or a “caste system” is a social hierarchy passed down through families and can dictate an individual’s permissible professions as well as aspects of their social life,...more
When “Gymtimidation” Turns Into Discrimination-
The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age,...more
By now, most private employers are familiar with the recent U.S. Supreme Court decision on affirmative action, Students for Fair Admissions v. Harvard (SFFA), which arises in the context of college admissions. The Court held...more
8/1/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Equal Protection ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Title VII
When the pandemic hit, many employees began working remotely. Even now, post-pandemic, many employers have maintained flexible work options for employees. With remote working increasing, many employers are grappling with new...more
A medical school applicant recently filed suit, alleging that several Texas medical schools improperly rejected him by basing their admissions decisions on race and gender. The complaint asserts that these schools (along with...more
With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays. The most...more
While diversity, equity, inclusion, and accessibility have slowly made their way to the forefront of many employers’ minds, two dimensions of diversity are often overlooked in these discussions—neurodiversity and ability...more
In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to...more
On June 10, 2022, Illinois amended its Child Bereavement Leave Act (“CBLA”) to include unpaid leave for employees following an “unexpected lack of parenthood,” and deaths of other family members, including stepchildren,...more
For some, the gym is a sanctuary – an oasis. For others, the gym can be a nightmare, and an emotionally draining experience. Sexual harassment in fitness facilities is a rapidly growing problem, and one that can leave a lot...more
On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the...more
While diversity, equity, and inclusion have slowly made their way to the forefront of many employers’ minds, two dimensions of diversity are often overlooked in these discussions –neurodiversity and ability diversity. More...more
While many employers maintain “Professional Dress and Hygiene” policies in their Employee Handbooks – or as stand-alone policies – managers, supervisors, and human resources personnel are rarely trained on how to implement...more
As more contagious variants of the virus spread across the United States and the world, it is important to stay up to date on best practices with respect to mitigating the spread of COVID-19. To that end, BarBend – a team of...more
John Kluge, a former music and orchestra teacher at Brownsburg Community School Corporation (“BCSC”) allegedly was forced to resign after refusing to refer to transgender students by the names selected by the students, their...more
On June 23, 2020, in an 8-1 decision, the Supreme Court ruled that the Mahanoy Area School District’s decision to suspend a student from the cheerleading team for posting vulgar language and gestures on social media (outside...more
On February 12, 2021, the Department of Education (“the Department”) and the Centers for Disease Control and Prevention (“CDC”) released guidance to support school and district leaders and educators to safely reopen...more
3/17/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Department of Education ,
Equity ,
Masks ,
Minorities ,
New Guidance ,
Public Schools ,
Re-Opening Guidelines ,
School Transportation ,
Social Distancing
On November 11, 2017, various groups of parents and several individuals filed suit in federal district court in Oregon challenging Dallas School District No. 2’s policy of accommodating transgender students’ requests to use...more
The pandemic has taken a heavy toll on the fitness industry. Gyms and fitness facilities face unique challenges in ensuring the safety of their patrons and employees. Headlines report that:
•Many states categorize gyms as...more