Some employers think they’ve found a silver bullet: delegate the tough call to someone else and—boom—problem solved, liability dodged. But as the Ninth Circuit recently reminded us, an “independent” reviewer isn’t a shield if they’re just channeling someone else’s bias. Continue reading
Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. Continue reading
Yesterday, I read a press release in the EEOC’s Virtual Newsroom announcing the resolution of a retaliation lawsuit. In my twenty-plus years of practicing employment law, I didn’t recall seeing retaliation claims quite like this one. Continue reading
In 2022, Florida passed The Individual Freedom Act. But most people know this law as the “Stop W.O.K.E. Act,” which stands for “Stop the Wrongs to our Kids and Employees.”
Whatever we call it, the Act says employers cannot subject “any individual, as a condition of employment,” to “training, instruction, or any other required activity that espouses, promotes, advances, inculcates, or compels” a certain set of beliefs. The list of banned subjects generally relates to “woke” teachings on race, color, sex, or national origin. Florida employers can host these trainings but cannot require employees to attend them.
On Saturday, the Palestinian militant group Hamas carried out a surprise attack in Israel that reportedly left over 900 dead. Israel has since responded with a declaration of war.
What does this Middle East conflict have to do with employment law? Continue reading
According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.”
Today, we will have a lesson on the differences between “direct” and “circumstantial” evidence of discrimination. Continue reading
If a tree falls in the forest and no one is around to hear it, does it make a sound? Continue reading
On Friday, the U.S. House of Representatives passed a bill to prohibit discrimination based on an individual’s texture or style of hair with a vote of 235-189. Continue reading
It wasn’t long ago that the U.S. Equal Employment Opportunity Commission noticed a spike in reports of mistreatment and harassment of Asian Americans and other people of Asian descent during the COVID-19 pandemic. Continue reading
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