News & Analysis as of

Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -

Tis the Season: The EEOC’s Year-End Reports Are Out Today

The EEOC’s fiscal year just ended and now it is releasing news of its successes. Although this is a look back, it gives us all insight as to what is important to the Commission and, perhaps, how we can stay off its radar....more

OFCCP Required To Share Statistical Findings In Enforcement Action

by Hogan Lovells on

Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more

Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve...more

Three Tips for Addressing Harassment and Discrimination in Law Firms

by Dentons on

As the national headlines in recent weeks make clear, no industry is free from allegations of sexual harassment and discrimination. In the legal field, a number of recent high-profile lawsuits have alleged discrimination by...more

The Federal Courthouses of Birmingham - 11th Circuit Historical News

Sitting just a few blocks from the Sixteenth Street Baptist Church, Kelly Ingram Park and the Birmingham Civil Rights Institute, the Judge Robert Vance Federal Building and United States Courthouse in Birmingham, Alabama, was...more

EEOC Dramatically Reduces Charge Inventory

Focus on New Strategies and Technology Lead to Lowest Inventory Level in 10 years - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) made significant progress in managing the pending inventory of...more

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

by Dorsey & Whitney LLP on

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...more

EEOC Launches Online Services for Inquiries, Appointments and Discrimination Charges

New EEOC Public Portal Allows Online Interactions with the Agency - WASHINGTON - Today the U.S. Equal Employment Opportunity Commission (EEOC) launched an EEOC Public Portal to provide online access to individuals...more

Don’t Make a Habit of it, but Sometimes, Ignorance IS Bliss

by Dorsey & Whitney LLP on

As a general rule, of course, Human Resources Departments and company management want to be – and should be – well-informed about issues in the workplace, including employees unhappy enough to have raised claims of...more

Nutter Bank Report, October 2017

by Nutter McClennen & Fish LLP on

With Vice President Mike Pence casting the tie-breaking vote, the U.S. Senate has voted to repeal the CFPB’s arbitration rule, which would have prohibited banks and other covered consumer financial service providers from...more

Halloween at work: Don’t get BOOed by your employees!

by FordHarrison on

Halloween can be such a fun holiday for kids of all ages. When October 31st falls on a weekday, as it does this year, ghoulish fun will certainly creep its way into the workplace. How can you, as a human resources...more

Harassment in the Workplace: Not a New Issue

Harvey Weinsten, Ben Afleck (bad move, Batman!), John Besh, Mark Halperin, former President George H.W. Bush: it seems like every day now there is another news story about allegations of harassment (or worse) in the...more

New Harassment and Discrimination Policy Requirement for Public Contractors

The Oregon Legislature passed HB 3060, requiring most public contractors to maintain specific policies and practices relating to sexual harassment, sexual assault, and discrimination against employees who are members of a...more

Step by Step: Employee Benefits in the Supreme Court

In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more

OCC Provides Guidance for Downgrading Banks’ CRA Ratings

by Goodwin on

On October 12, 2017, the OCC published the section of its policy and procedures manual, PPM 5000-43, entitled “Impact of Evidence of Discrimination or Other Illegal Credit Practices on Community Reinvestment Act Ratings.” The...more

Should we regulate artificial intelligence?

by Hogan Lovells on

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks....more

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally...more

Exclusive: New Statistics from CHRO Show Drop in Discrimination Claims

by Shipman & Goodwin LLP on

Through a recent FOI request, I was able to take a peek at the latest case statistics coming out of the Commission on Human Rights and Opportunities. (The CHRO has since added them to the website as well.)...more

Think before you joke, so you do not litigate funny

by FordHarrison on

Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, decreases pain, and can even prevent heart disease. Socially, laughing strengthens relationships. In addition to the value of humor in our...more

DOJ Civil Rights Division Intensifies Efforts to Investigate Discrimination Against US Workers

by WilmerHale on

On October 11, 2017, the Department of Justice's (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER) and the Department of State's Bureau of Consular Affairs announced a partnership aimed at protecting US...more

CFPB files amicus brief in Eleventh Circuit ECOA case

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

Employers Need Not Hire “Most Qualified” Candidate, Says Court

by Shipman & Goodwin LLP on

An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973. You don’t bring him in for an interview. Is it gender discrimination?...more

FY 2017 Litigation Scorecard For The EEOC – What Employers Should Know

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EEOC’s Fiscal Year ending on September 30, 2017, loyal blog readers know that our firm has been busy analyzing the major trends of FY 2017 on the EEOC litigation front. In this video, Jerry Maatman...more

Does Title VII Prohibit Employment Discrimination Against Gay and Transgender Persons? Jeff Sessions Says No, but the Supreme...

by Hirschfeld Kraemer LLP on

On October 4th, in a memo to all U.S. Attorneys and heads and federal agencies, Attorney General Jeff Sessions stated that Title VII of the Civil Rights Act of 1964, as a matter of law, does not prohibit employment...more

The case for capacity: Supreme Court of Canada upholds employee’s termination based on breach of “no free accident rule” in...

by DLA Piper on

Managing employee drug and alcohol addictions has long been a thorny issue for employers. Because addiction is accepted as a mental disability, it is a delicate balancing act to ensure employee privacy and human rights are...more

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