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
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:
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” Continue reading
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
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
Yesterday, I received an email from the U.S. Equal Employment Opportunity Commission that literally took my breath away. Continue reading
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
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
According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves that, while significant, were widely expected.
But President Trump hasn’t stopped there.
The original uploader was Betp at French Wikipedia. – modifications by User:Maps and stuff: perspective correction to straighten foreground goalpost; cropped part of sky to match aspect ratio of side-by-side image in the Philadelphia article’s montage-style infobox; removed large ad at far side of field by cloning., CC BY-SA 3.0, via Wikimedia Commons
According to a NY Post report, an Eagles fan was caught in a video crudely insulting a female Packers fan at Sunday’s playoff game between the two teams at Lincoln Financial Field in Philadelphia, PA. Within a few days, that fan—who worked in a DEI-focused consulting role—found himself without a job.
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