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Showing posts with label discrimination. Show all posts
Showing posts with label discrimination. Show all posts
Tuesday, August 22, 2023

5th Circuit rejects the “ultimate employment decision” test for workplace discrimination claims

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"Female employees are not given full weekends off and can only receive weekdays or partial weekends off." Is this policy legal or ...
Wednesday, August 16, 2023

Despite what SCOTUS said about collegiate affirmative action, corporate DEI efforts are still legal

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Last week, a federal court judge dismissed a lawsuit filed by a conservative shareholder against Starbucks challenging the company's div...
Wednesday, August 2, 2023

The No Robot Bosses Act

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"I, for one, welcome our robot overlords." 🙃 Consider this scenario. "You're a delivery driver and your employer's t...
Wednesday, June 21, 2023

We need to talk about “wokeness”

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"When I grow up, I want to be hired based on what I look like rather than my skills.… I want to get promoted based on my chromosomes.… ...
Tuesday, May 30, 2023

Here are 11.25 million reasons to settle a lawsuit

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Before I will bless a client's decision to terminate an employee, I always ask this question: "Tell me about the demographics — rac...
Tuesday, May 9, 2023

My privilege is NOT a superpower

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I am currently in Nashville, at the Craft Brewers Conference . I'm spending my time split between networking at the Start A Brewery lou...
Thursday, May 4, 2023

When you offer a reason for something, you better be really, really sure it’s correct

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It is with great sadness that we announce that the Founders Detroit Taproom will be permanently closing its doors today. Unfortunately, our ...
Thursday, April 20, 2023

Please don’t use “fit” to justify an employment decision, no matter what the 4th Circuit just said

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"You're not a good fit."  This statement could mean a lot of things.  It could be innocuous description of a host of performan...
Thursday, March 2, 2023

Class action lawsuit highlights the risk of AI in hiring and other employment decisions

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Yesterday, news broke of a class action lawsuit filed against HRIS provider Workday claiming that its artificial intelligence systems and s...
Thursday, July 28, 2022

Unlike ordering at Chick-Fil-A, legal compliance isn’t chosen from a menu.

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"We are looking for volunteers for our new Drive Thru Express!🚘 Earn 5 free entrees per shift (1 hr) worked. Message us for details&q...
Tuesday, March 1, 2022

If you want to get yourself into discrimination hot water, stereotype your protected-class employees

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To cases recently settled by the EEOC illustrate the point that stereotypes of protected-class employees are a quick path an expensive lesso...
Tuesday, February 8, 2022

An employee can’t sue over a job never applied for

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Staci Russell, a dean at Cornerstone Health High School, sued her employer for sex discrimination after she was passed over for the open pri...
Thursday, February 3, 2022

Brian Flores burns down the house in his lawsuit against the NFL … and makes himself unemployable in the process

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If you haven't read the lawsuit Brian Flores filed against the NFL and three of its franchises, you should. It reads like a law school ...
Wednesday, November 3, 2021

The customer isn’t always right, especially when the customer wants you to discriminate

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"I'm afraid we can't hire you because you won't mix well with our customers." That's what the EEOC alleges a north...
Tuesday, April 13, 2021

The top 11 things you need to know about being sued by an (ex) employee

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Because of the impending changes to Ohio's workplace discrimination law that take effect in two days, the filing of employment discrimi...
Thursday, April 1, 2021

No foolin': the most meaningful changes to Ohio's employment discrimination law take effect in two weeks

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Two weeks from today, H.B. 352 takes effect and brings the most significant changes to Ohio's workplace discrimination statute since it...
Thursday, January 14, 2021

H.B. 352 finally fixes Ohio’s broken employment discrimination statute for employers

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For lack of more artful description, Ohio's employment discrimination law was a mess. It exposed employers to claims for up to six years...
Monday, January 11, 2021

“Beware systemic discrimination,” says EEOC to employers

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Systemic discrimination has multiple meanings, according to the EEOC: A "pattern or practice, policy, and/or class cases where the disc...
Friday, January 8, 2021

When you discover that you employ a seditious rebel #TraitorsGettingFired

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Imagine you discover that Elizabeth from Knoxville is one of your employees. Elizabeth wasn’t ready for the revolution to be televised😂 pic...
Thursday, February 27, 2020

PLEASE, I’m freaking begging you, DO NOT use social media to determine applicants’ race and gender

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Almost as long as social media has existed, employers have searched social media to dig up dirt on prospective employees. There is nothing...