Especially if you’re gonna claim discrimination when you eventually get fired.
That’s among the takeaways from a recent federal appellate court ruling reinforcing the importance of enforcing workplace policies, particularly those related to safety. Continue reading
Yesterday, the Supreme Court heard oral argument in Ames v. Ohio Department of Youth Services, a case where a heterosexual employee claimed her employer discriminated against her in violation of Title VII of the Civil Rights Act of 1964.
The key legal question isn’t whether she has a claim but whether plaintiffs in the so-called “majority” must clear an additional hurdle—proving “background circumstances” that show their employer is an unusual one that discriminates against the majority.
I don’t have a crystal ball, but maybe artificial intelligence does. I uploaded the oral argument transcript and asked three separate AI assistants (Harvey.AI, ChatGPT, and Microsoft Copilot) to predict how each justice will rule and why. All three foresee a unanimous decision to scrap the “background circumstances” test. Here’s why:
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” Continue reading
The federal government may be cracking down on what it deems “illegal DEI,” but a new memo from the Attorneys General of 15 states clarifies what most of us already knew: businesses can legally implement diversity, equity, inclusion, and accessibility initiatives. Moreover, these programs can help companies comply with civil rights laws and reduce the risk of discrimination claims. Here’s what employers need to know. Continue reading
A federal judge in Maryland has issued a nationwide injunction halting key provisions of two executive orders that sought to limit workplace diversity, equity, and inclusion (DEI) programs. The ruling means that, for now, employers—especially federal contractors and grant recipients—can continue their DEI efforts without immediate legal risk. Continue reading
President Trump’s recent Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” has raised pressing questions about the future of workplace diversity, equity, and inclusion (DEI) initiatives. The order emphasizes enforcing civil rights laws, eliminating race- and sex-based preferences in federal policies, and promoting merit-based opportunities. In response, many employers are wondering: What does this mean for DEI programs in the private sector? Continue reading
Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. Continue reading
The Fair Labor Standards Act has been known to trip up HR professionals and employer lawyers, too. Payment for travel time, for example, can have several variables, such as when, where, why, and how. However, a recent Third Circuit decision clarified when, if ever, an employee’s travel time between client sites is compensable.
I’ll spare you the court’s FLSA minutiae and reduce it to a 60-second plain English read for you and your colleagues.
Last night, I read a First Circuit decision about an employee at a grocery store who violated company policy by buying beer for her underage grandson, except she claimed age discrimination.
Spoiler alert: she lost.
Stick around for some HR101: Clear policies and consistent enforcement matter. Continue reading
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Continue reading
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