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Articles Posted in Disparate Impact / Disparate Treatment

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The Employer Handbook: Week in Review Podcast (April 21–25, 2025)

Now you can listen to The Employer Handbook—check out this week’s podcast recap! TL;DR: I’ve turned this week’s blog content into a short podcast episode using Google NotebookLM. If you missed a post or want to catch up while multitasking, you can now listen to the highlights on the go.…

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Did President Trump just cancel disparate impact discrimination claims?

President Trump’s latest executive order could change how the federal government handles workplace discrimination — but not in the way you might think. Before you assume that disparate impact claims are gone for good, let’s unpack what the order does (and doesn’t) do. TL;DR: President Trump signed an executive order…

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Wearables at Work: An EEOC “Fit” for HR Compliance and Productivity

Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in…

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Rest in Peace: Lilly Ledbetter, an equal-pay activist and icon

U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Ms. Ledbetter worked for Goodyear Tire and Rubber Company (Goodyear) from 1979 until 1998. During much of this time,…

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Two United States Senators are about to introduce something called the “No Robot Bosses Act”

We began July with New York City starting to enforce its law that requires companies hiring with artificial intelligence to notify candidates, provide candidates with particular information about data collected and analyzed, and independently audit the technology. It’s all in the name of removing bias from the hiring process, which…

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Would your business ever refuse to hire applicants with obvious missing, broken, or badly discolored teeth?

Unless you run a dental practice, I can’t imagine why a fetching, toothy smile would be a job qualification. But, apparently, a large chain of gas/convenience stores has that policy. In writing. (Although, there is an exception for people with a disability.) I can only imagine the job interview: “Hey,…

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3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

You’ll have to pardon the headline. I’m not nearly as articulate as the Third Circuit was in yesterday’s opinion in Karlo v. Pittsburgh Glass Works, LLC, using words like “cognizable” and “disproportionate adverse impact.” And, even though the Third Circuit sits in Philadelphia, you won’t find local lingo like “old…

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Can an employee fired for an extra-marital affair claim marital-status discrimination?

Well, I suppose you can claim just about anything. For example ***takes big dose of medication*** I claim god status on the third sun for Rondor. My fourth place finish on the unaired celebrity-blogger episode of Chopped really raised by Rondor grass cred. (No streets on Rondor; only luscious purple grass). But, when…

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Is an employee with managerial duties “similarly situated” to a manager?

  Maybe it’s the luck of the draw, but most of the discrimination cases I defend are hostile work environment cases, where an alleged harasser supposedly has made an employee-victim’s life miserable with certain comments, jokes, gestures, touchings, you name it. Far less often do I encounter disparate-treatment claims. A…

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Egyptian-born FBI agent + post-9/11 transfer = discrimination claim

I am an F….B…..I…. Agent!  And if anyone wants to get me this iPad case for Christmas… Wait, what was I supposed to be writing about? Oh yeah, national-origin discrimination. I’ll get it together for you after the jump… * * * Bassem Youssef, an Egyptian-born American citizen, claimed that…