On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking and enforcement power when it issued its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment
Males Mentoring Females: Don’t Let It Be a Thing of the Past
By Julianna Earp, Alexander Maultsby and Patti Ramseur
Strong business leaders keep their eyes open for unintended consequences—if our company adopts a new program, what could happen (positive or negative) that was not intended as part of our efforts?
Employers are seeing unintended consequences play out in their efforts to eliminate harassment in the
Maine Joins Growing Ranks of States Banning Salary History Inquiries
At this blog, we’ve written extensively about the proliferation of legislation at the state and local level to prohibit employers from inquiring about the salary or wage history of job applicants. As with state and local laws requiring employers to provide paid sick leave, laws restricting employers from making wage inquiries during the application
Disability Accommodations Can Take Many Forms
Often times when I am speaking to a client about an employee’s requested accommodation for a disability, we are talking about leave as that is often the request most difficult to accommodate. Another one that gives employers fits is “light duty.” But what about some other types of accommodations?
A recent Pennsylvania case reminds employers
Reminder: Sex Discrimination is NOT the Solution to Sexual Harassment
A new article in Bloomberg details an unusual (to put it diplomatically) strategy that some male executives in the financial sector are using to avoid claims of sexual harassment:
No more dinners with female colleagues. Don’t sit next to them on flights. Book hotel rooms on different floors. Avoid one-on-one meetings.
In fact, as a
Latest Updates: Title VII and Gender Identity
It’s been a busy month for those keeping an eye on one of the most pressing questions in employment law: whether Title VII, which prohibits sex discrimination in employment, also inherently prohibits discrimination on the basis of gender identity.
Last week, the US Department of Justice argued to the Supreme Court that workplace discrimination on
Reminder: Religious Discrimination and Harassment Is Still A Serious Issue
When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment. Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others.
While
PHRC Will Accept Discrimination Complaints from LGBT Employees
The Pennsylvania Human Relations Commission (PHRC), Pennsylvania’s leading agency that investigates and enforces Pennsylvania’s employment discrimination laws, has voted to accept complaints of discrimination from lesbian, gay, bisexual, and transgender (LGBT) individuals. Specifically, the PHRC has stated it will interpret complaints alleging workplace discrimination against LGBT individuals to fall under state law prohibiting discrimination on
Federal Court Rules for Applicant in Medical Marijuana Employment Discrimination Case
Over at In the Weeds, our Firm’s blog on the developments in cannabis law, my colleague Joseph McNelis shares a breaking development at the intersection of cannabis law and employment discrimination law. This legal intersection poses a complicated series of questions, requiring courts to weigh the illegality of cannabis under federal law with state
Michigan Commission: Sexual Orientation and Gender Identity Discrimination in Employment Prohibited
The Michigan Civil Rights Commission has taken significant action to clarify that its state statute prohibiting discrimination in employment on the basis of sex (among other characteristics) extends to prohibit employment discrimination based on orientation and gender identity:
The Michigan Civil Rights Commission voted 5-0 to approve a statement legally interpreting the Elliott-Larsen Civil Rights