Articles Posted in Hiring & Firing

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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

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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 an anonymous survey response. His employer quickly shut that down, and so did the courts. When he appealed all the way to the Supreme Court, hoping for a lifeline, the justices responded yesterday with a firm “no thanks.”

Turns out, the highest court in the land had better things to do than entertain a “my bigotry is protected” argument. Continue reading

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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

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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:

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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

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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

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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

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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 company event. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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