Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from…
Articles Posted in Hiring & Firing
No, Your Religion Doesn’t Justify Workplace Bigotry—And, No, the Supreme Court Won’t Save You
Some people seem to think the workplace is their personal soapbox, where they can broadcast whatever pops into their heads—no matter how offensive, misguided, or just plain dumb. One former employee learned this the hard way when he posted an anti-LGBTQ+ comment on the company intranet, mistakenly thinking it was…
Pro Tip: If You See a Gun at Work, Don’t Wait Three Days to Tell Someone
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. What Happened? A logistics manager was fired after failing to follow company policy when another employee…
AI Predicts Unanimous Supreme Court Ruling on Workplace Discrimination
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…
No Sanctuary from Title VII: Judge Rejects Religious Defenses in Transgender Firing Case
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” That’s what a transgender woman alleges HR told her when she was fired from her job at a religious university. In response, she sued for sex discrimination under Title VII of the Civil Rights Act of 1964.…
Federal Judge Blocks Key Provisions of Executive Orders Targeting Workplace DEI Programs
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. Why Did…
Join us on March 12 at 2 ET for “DEI Now: Where to Stop, Proceed With Caution, and Move Ahead”
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…
“Anti-American” Bias in Hiring? The EEOC Says It’s Watching
Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. The email contained a press release in which Andrea Lucas, Acting Chair of the EEOC, made it clear that the agency is cracking down on discrimination against American workers. Here is her…
Did I ever tell you about that grocery worker fired for buying beer 🍺 for her underage grandson who then claimed age discrimination?😱
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. The Incident The employee…
No Laughing Matter: How a Comedian’s Racist and Sexist Jokes Led to a CFO’s Retaliation Claim
I just had to write about a federal court decision from earlier in 2024 that I finally got around to reading. It serves as a critical reminder for employers: All complaints about a hostile work environment must be taken seriously—even when they involve a comedian hired to entertain at a…