And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly.
Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to lead to a viable hostile work environment claim. Continue reading
For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess. Continue reading
Diversity, Equity, and Inclusion (DEI) programs have become a fixture in many modern workplaces, designed to promote a more inclusive environment. But recent federal scrutiny has raised new concerns for employers. A recent Executive Order directed the Chair of the U.S. Equal Employment Opportunity Commission (EEOC) to review large law firms for compliance with Title VII of the Civil Rights Act of 1964, igniting discussion over whether the EEOC is overstepping its authority in investigating DEI programs.
This post examines the differing perspectives on this issue: the reasons for Acting Chair Andrea Lucas’s increased scrutiny and the opposition raised by former EEOC officials who warn of procedural overreach. Continue reading
Despite two deciding judges expressing support for DEI, the Fourth Circuit unanimously ruled on Friday that two Executive Orders issued by President Trump, which seek to eliminate diversity, equity, and inclusion (DEI) initiatives from federal grant and contract processes, will remain in effect while legal challenges proceed. The Executive Orders claim that DEI programs promote race- and sex-based preferences that contradict American values of merit and hard work. Continue reading
A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. Continue reading
Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be an understatement, unless the stove had ten or so rows of burners.
But, don’t get it twisted. Continue reading
Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would countenance the claims of a white employee offended about discussions and initiatives focused on antiracism and racial justice.
Conversely, a recent decision from the Sixth Circuit Court of Appeals serves as a lesson for employers on unlawful racial harassment, retaliation, and HR missteps.
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. Continue reading
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 applying for a summer internship because of diversity-focused hiring criteria was giving me “illegal DEI” vibes.
The catch? Even if everything she claimed was true, the court never actually ruled on whether the hiring policy was legal or not. Here’s why.
The Lawsuit That Never Got Off the Ground
Religious discrimination laws protect more than just those who attend church, temple, or mosque. Did you know that they also protect those who don’t subscribe to any religious belief at all? A recent lawsuit in Colorado alleges that atheists, too, can face workplace discrimination—and that’s just as unlawful as treating someone unfairly for practicing a religion. Continue reading
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