Expert insights. Personalized for you.
The US Supreme Court clears up pregnancy discrimination … or did they? If you have been paying attention to HR related news at all recently you know that the Supreme Court of the United States (SCOTUS) issued a ruling on a pregnancy discrimination case. Young felt this discriminated against her due to pregnancy. UPS claimed that they had not discriminated on the basis of pregnancy; rather they had treated all other claims for light duty under the same standard. MORE
A new lesson in hiring from the EEOC: You can’t get away with discriminating against a specific group of applicants by improperly structuring your training program. . The payments follow an earlier court order finding that the company violated federal law by discriminating against female truck driver applicants when it required that they be trained only by female trainers. MORE
However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias? Bischoff and Bussing, a San Francisco-area lawyer who writes frequently on employment issues, presented a session with similar wording in its title—“How AI Technology Can Eliminate or Amplify Bias”—at the recent HR Technology Conference held in Las Vegas. MORE
As this trend continues, there will surely be a mental health fallout to consider given the negative impact of discrimination on wellbeing. Below is a four-step guide to navigating discrimination and hate and accessing community and mental health support during COVID-19. MORE
And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, or related medical conditions” since 1978. Hicks resigned the same day she was presented with those options. Hicks filed a lawsuit asserting pregnancy discrimination, constructive discharge, and FMLA retaliation claims. The post Discrimination against breastfeeding employee leads to jury verdict appeared first on HR Daily Advisor. MORE
I wrote to you in November about my colleague (let’s call him Andy) who thought it was a good idea to give underwear as a present for Secret Santa. The first thing he said is that the presents should all be safe for work and good spirited. My boss is discriminating against my pregnant employee. Here are three updates from people who had their letters answered here in the past. My coworker is giving a colleague underwear in our Secret Santa. MORE
I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations , for the U.S. Discrimination and Unlawful Harassment Paid Time Off Wage and HourPhoto by Science in HD on Unsplash. MORE
Present yourself as a person of impact with skills and wisdom. Concentrating on your positive attributes will take attention away from your perceived negative attributes MORE
The Supreme Court has ruled 6-3 that discrimination on the basis of sexual orientation and/or gender identity necessarily violates Title VII’s prohibition of discrimination on the basis of sex. Note that the Court did not find that Title VII “prohibits” LGBTQ+ discrimination (in the traditional sense) as most headlines would lead you to believe—the decision does not render an opinion about the legality of LGBTQ+ discrimination at all. MORE
Circuit Court of Appeals has reversed course, ruling on February 26 that discrimination based on sexual orientation amounts to discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. Previously, a panel of the 2nd Circuit had declined the opportunity to reconsider past precedent and continued to hold that sexual orientation discrimination isn’t actionable under Title VII. The 2nd U.S. MORE
There are people who still believe that these are isolated incidents when presented with the undeniable truth. How did a weed become a weed and not a flower? I was pulling out weeds from our sidewalk today. As I ripped these living organisms from the unyielding soil, I felt somewhat guilty. MORE
Under federal law ( Title VII) , employers cannot discriminate because of one’s sex. someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against. By Eric B. Meyer. MORE
Well, it appears as though I may need to update my PowerPoint for a local New Jersey SHRM conference at which I am presenting tomorrow. Put simply, employees will always be able to discuss claims arising under New Jersey’s Law Against Discrimination, including how much your business paid them to settle those claims. Discrimination and Unlawful Harassment New JerseyImage Credit: Pixabay.com ([link]. MORE
Marijuana Laws & Disability Discrimination: What Employers Need to Know Apr. We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Noffsinger sued alleging, among other things, that the Company violated PUMA’s anti-discrimination provisions. MORE
So why in the world was her sex discrimination lawsuit allowed to stand? . Court of Appeals for the 11th Circuit, she’d presented enough evidence that her gender may have been a “motivating factor” in her termination. Still, after her termination, she filed a sex discrimination lawsuit. Discrimination & Harassment Special Report lawsuit sex bias sex discriminationThis employee committed workplace misconduct and was fired. MORE
In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. These changes, the agency says, will allow it to collect more precise data about the religion of the individual alleging discrimination – allowing the EEOC, as well as the public, to recognize and respond to trends in charge data. discrimination EEOC employment law HR profession MORE
The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination. MORE
Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . Treating workers differently in either process could now lead to charges of national origin discrimination or citizenship status discrimination. ” Under previous regulations, an employer could only be charged with discrimination in the employment verification process if the employer’s intent was to harm an individual. MORE
As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. The district court granted Dynamic’s motion and carved out the portion of Underwood’s lawsuit in which she alleges she was discriminated against because of her sexual orientation. MORE
The Supreme Court recently ruled that sex discrimination, as outlined in Title VII of the Civil Rights Act, also prohibits discrimination based on sexual orientation and gender identity. Aimee Stephens presented as a male when initially hired by R.G. & MORE
Workplace diversity initiatives can benefit employers and employees alike, but they can also present a challenging dynamic for employers. The post Promote diversity without violating discrimination laws appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Hiring Human Resources MORE
Equal Employment Opportunity Commission sued a restaurant in Michigan, claiming that it engaged in sex discrimination toward its female employees by subjecting them to sexual harassment and maintaining a hostile work environment. discrimination.” Image by GraphicMama-team from Pixabay. MORE
What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? My Manager Discriminates Based on Religion. On March 17, 2011, Arave’s attorneys sent a letter to Bank of America complaining of religious discrimination and retaliation. On March 29, 2011, Arave resigned and later filed suit against the bank, Holsinger, and Anderson for religious discrimination, harassment, and retaliation. MORE
Oh, right, you’re here to learn about sexual-orientation discrimination. The real Tuesday highlight was getting to present a webinar on the latest developments in LGBT workplace rights with EEOC General Counsel P. Title IX prohibits discrimination in educational programs and other activities receiving federal financial assistance. Rather, claims of sexual orientation discrimination are gender stereotype or sex discrimination claims. MORE
Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. MORE
The former employee, a funeral director, had presented as a man for several years during her employment at the funeral home. In 2013, she told the owner she planned to present at work as a woman, wearing appropriate business attire. The employee filed a charge of sex discrimination with the EEOC, which ultimately brought a lawsuit against the funeral home in federal district court, claiming discrimination based on sex and gender identity. MORE
If it’s not HR, is HR always present? The answers to these questions vary by organization—and may even vary within an organization—but there are some good arguments why an HR representative should be present for any termination meeting. Here are a few: Having HR in the room helps to ensure leaving employees are treated in a consistent manner, which can reduce the chances of a future discrimination claim. MORE
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Quiz: Are your personnel practices discriminating based on immigration status or national origin? Discrimination and Harassment Employment Law MORE
We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Now that same Court had ruled that the employer violated the anti-discrimination provisions of PUMA when it withdrew its offer of employment due to the applicant’s status as a medical marijuana patient. [3]. MORE
The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. Intersectional discrimination. Intersectional discrimination “ occurs when someone is discriminated against because of the combination of two or more protected bases (e.g. MORE
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case. MORE
The question presented on the request to review the decision was whether prior salary is a "factor other than sex" that can justify a pay disparity under the fourth catchall exception. On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit's decision in. Rizo v. MORE
Alleged Discrimination and Retaliation. Ted filed a lawsuit against Trane after the termination of his employment asserting claims of discriminatory discharge based on his disability under the New Jersey Law Against Discrimination (NJLAD), retaliation for making a workers’ compensation claim, and retaliation for requesting medical leave in violation of the Family and Medical Leave Act (FMLA). The U.S. MORE
The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination. MORE
Mrs Nissa had been suffering with symptoms since December 2015 until her resignation in August 2016, meaning her condition had been present – but undiagnosed – for approximately eight months when she resigned. The council dismissed him after an investigation and Mr Wood brought a claim for disability discrimination, because he argued that the incident was “arising from” his disability. The post Disability discrimination: what does case law tell us? MORE
Sybil Randolph, SPHR, SHRM-SCP will present "Understanding the Uniqe Applicant Management Obligations of Federal Contactors and Subcontractors" to attendees of the Austin ILG meeting on July 14. Applicant Tracking Recruitment Process Affirmative Action HR Training Events Sex Discrimination MORE
On October 8 it will hear three cases that test the limits of Title VII’s sex discrimination clause. The justices will consider whether sexual orientation and transgender discrimination are illegal sex discrimination under Title VII. It may also expand discrimination protection based on sex stereotypes to include transgender discrimination. What is sex discrimination? It bars discrimination “because of sex.” MORE
I had a great time presenting. Senate Bill 121 ( here ) would make it unlawful for an employer to enforce any employment contract or settlement agreement against an employee, where the agreement has the purpose or effect of concealing the details relating to any claim of discrimination, retaliation, or harassment. So, why would an employer ever agree to settle a discrimination case on such one-sided terms? . Discrimination and Unlawful Harassment New Jersey MORE
Stratus
JUNE 26, 2020
The Supreme Court recently ruled that sex discrimination, as outlined in Title VII of the Civil Rights Act, also prohibits discrimination based on sexual orientation and gender identity. Aimee Stephens presented as a male when initially hired by R.G. &
The Employer Handbook
APRIL 16, 2021
Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling.
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Biddle Consulting
JUNE 16, 2020
The Supreme Court has ruled 6-3 that discrimination on the basis of sexual orientation and/or gender identity necessarily violates Title VII’s prohibition of discrimination on the basis of sex. Note that the Court did not find that Title VII “prohibits” LGBTQ+ discrimination (in the traditional sense) as most headlines would lead you to believe—the decision does not render an opinion about the legality of LGBTQ+ discrimination at all.
Business Management Daily
SEPTEMBER 3, 2020
Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Quiz: Are your personnel practices discriminating based on immigration status or national origin? Discrimination and Harassment Employment Law
The Employer Handbook
SEPTEMBER 17, 2020
I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations , for the U.S. Discrimination and Unlawful Harassment Paid Time Off Wage and HourPhoto by Science in HD on Unsplash.
TLNT: The Business of HR
DECEMBER 1, 2014
Under federal law ( Title VII) , employers cannot discriminate because of one’s sex. someone born female who presents male, and vice-versa; also known as gender identity), the EEOC’s position is that transgender employees are protected too. Indeed, they’ve begun filing federal lawsuits on behalf of transgender employees who claim to have been discriminated against. By Eric B. Meyer.
Thrive Global
JULY 30, 2020
As this trend continues, there will surely be a mental health fallout to consider given the negative impact of discrimination on wellbeing. Below is a four-step guide to navigating discrimination and hate and accessing community and mental health support during COVID-19.
OmegaHR Solutions
APRIL 1, 2015
The US Supreme Court clears up pregnancy discrimination … or did they? If you have been paying attention to HR related news at all recently you know that the Supreme Court of the United States (SCOTUS) issued a ruling on a pregnancy discrimination case. Young felt this discriminated against her due to pregnancy. UPS claimed that they had not discriminated on the basis of pregnancy; rather they had treated all other claims for light duty under the same standard.
The Employer Handbook
JANUARY 21, 2020
So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case.
HR Daily Advisor
FEBRUARY 27, 2018
Circuit Court of Appeals has reversed course, ruling on February 26 that discrimination based on sexual orientation amounts to discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. Previously, a panel of the 2nd Circuit had declined the opportunity to reconsider past precedent and continued to hold that sexual orientation discrimination isn’t actionable under Title VII. The 2nd U.S.
HR Morning
JANUARY 18, 2017
Now, even if you’re trying to help individuals work for your company, you could be charged with discrimination. . Treating workers differently in either process could now lead to charges of national origin discrimination or citizenship status discrimination. ” Under previous regulations, an employer could only be charged with discrimination in the employment verification process if the employer’s intent was to harm an individual.
|
Business Management Daily
OCTOBER 3, 2019
On October 8 it will hear three cases that test the limits of Title VII’s sex discrimination clause. The justices will consider whether sexual orientation and transgender discrimination are illegal sex discrimination under Title VII. It may also expand discrimination protection based on sex stereotypes to include transgender discrimination. What is sex discrimination? It bars discrimination “because of sex.”
SHRM Resources
JULY 16, 2020
The question presented on the request to review the decision was whether prior salary is a "factor other than sex" that can justify a pay disparity under the fourth catchall exception. On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit's decision in. Rizo v.
HR Daily Advisor
FEBRUARY 23, 2018
If it’s not HR, is HR always present? The answers to these questions vary by organization—and may even vary within an organization—but there are some good arguments why an HR representative should be present for any termination meeting. Here are a few: Having HR in the room helps to ensure leaving employees are treated in a consistent manner, which can reduce the chances of a future discrimination claim.
OmegaHR Solutions
JUNE 30, 2016
The EEOC has issued new guidance on national origin discrimination. This is an EEOC (Equal Employment Opportunity Commission) term that has received new emphasis in the PROPOSED Enforcement Guidance on National Origin Discrimination document released in early June. Intersectional discrimination. Intersectional discrimination “ occurs when someone is discriminated against because of the combination of two or more protected bases (e.g.
The Employer Handbook
DECEMBER 8, 2020
Equal Employment Opportunity Commission sued a restaurant in Michigan, claiming that it engaged in sex discrimination toward its female employees by subjecting them to sexual harassment and maintaining a hostile work environment. discrimination.” Image by GraphicMama-team from Pixabay.
Berkshire Associates
JULY 7, 2016
Sybil Randolph, SPHR, SHRM-SCP will present "Understanding the Uniqe Applicant Management Obligations of Federal Contactors and Subcontractors" to attendees of the Austin ILG meeting on July 14. Applicant Tracking Recruitment Process Affirmative Action HR Training Events Sex Discrimination
The Employer Handbook
MARCH 19, 2019
Well, it appears as though I may need to update my PowerPoint for a local New Jersey SHRM conference at which I am presenting tomorrow. Put simply, employees will always be able to discuss claims arising under New Jersey’s Law Against Discrimination, including how much your business paid them to settle those claims. Discrimination and Unlawful Harassment New JerseyImage Credit: Pixabay.com ([link].
HR Daily Advisor
MARCH 14, 2018
The former employee, a funeral director, had presented as a man for several years during her employment at the funeral home. In 2013, she told the owner she planned to present at work as a woman, wearing appropriate business attire. The employee filed a charge of sex discrimination with the EEOC, which ultimately brought a lawsuit against the funeral home in federal district court, claiming discrimination based on sex and gender identity.
Precheck
APRIL 22, 2019
Marijuana Laws & Disability Discrimination: What Employers Need to Know Apr. We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Noffsinger sued alleging, among other things, that the Company violated PUMA’s anti-discrimination provisions.
HR Daily Advisor
JANUARY 14, 2018
And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, or related medical conditions” since 1978. Hicks resigned the same day she was presented with those options. Hicks filed a lawsuit asserting pregnancy discrimination, constructive discharge, and FMLA retaliation claims. The post Discrimination against breastfeeding employee leads to jury verdict appeared first on HR Daily Advisor.
Cisive
APRIL 16, 2019
We want to emphasize an aspect of these cases that we believe indicate where medical marijuana (and the prescription drug abuse crisis) are driving this corner of employment law – state disability discrimination laws. Now that same Court had ruled that the employer violated the anti-discrimination provisions of PUMA when it withdrew its offer of employment due to the applicant’s status as a medical marijuana patient. [3].
cipHR
FEBRUARY 7, 2018
The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination.
HR Morning
MARCH 11, 2016
So why in the world was her sex discrimination lawsuit allowed to stand? . Court of Appeals for the 11th Circuit, she’d presented enough evidence that her gender may have been a “motivating factor” in her termination. Still, after her termination, she filed a sex discrimination lawsuit. Discrimination & Harassment Special Report lawsuit sex bias sex discriminationThis employee committed workplace misconduct and was fired.
Forbes Coaches Council
JUNE 6, 2019
Present yourself as a person of impact with skills and wisdom. Concentrating on your positive attributes will take attention away from your perceived negative attributes
Thrive Global
JUNE 15, 2020
There are people who still believe that these are isolated incidents when presented with the undeniable truth. How did a weed become a weed and not a flower? I was pulling out weeds from our sidewalk today. As I ripped these living organisms from the unyielding soil, I felt somewhat guilty.
HR Daily Advisor
JULY 6, 2017
Alleged Discrimination and Retaliation. Ted filed a lawsuit against Trane after the termination of his employment asserting claims of discriminatory discharge based on his disability under the New Jersey Law Against Discrimination (NJLAD), retaliation for making a workers’ compensation claim, and retaliation for requesting medical leave in violation of the Family and Medical Leave Act (FMLA). The U.S.
The Employer Handbook
DECEMBER 17, 2015
Oh, right, you’re here to learn about sexual-orientation discrimination. The real Tuesday highlight was getting to present a webinar on the latest developments in LGBT workplace rights with EEOC General Counsel P. Title IX prohibits discrimination in educational programs and other activities receiving federal financial assistance. Rather, claims of sexual orientation discrimination are gender stereotype or sex discrimination claims.
HR Morning
JUNE 3, 2016
A new lesson in hiring from the EEOC: You can’t get away with discriminating against a specific group of applicants by improperly structuring your training program. . The payments follow an earlier court order finding that the company violated federal law by discriminating against female truck driver applicants when it required that they be trained only by female trainers.
cipHR
APRIL 9, 2019
Mrs Nissa had been suffering with symptoms since December 2015 until her resignation in August 2016, meaning her condition had been present – but undiagnosed – for approximately eight months when she resigned. The council dismissed him after an investigation and Mr Wood brought a claim for disability discrimination, because he argued that the incident was “arising from” his disability. The post Disability discrimination: what does case law tell us?
cipHR
FEBRUARY 7, 2018
The claimant, Angela Gibbons, brought claims of unfair dismissal, wrongful dismissal and belief discrimination following her dismissal. It must be a belief, not an opinion or viewpoint based on the present state of information available. Following the guidelines, the tribunal found that Ms Gibbons’ belief was indeed a genuine belief against which its holders should be protected from discrimination. She brought claims of direct and indirect belief discrimination.
HR Daily Advisor
FEBRUARY 5, 2018
What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? My Manager Discriminates Based on Religion. On March 17, 2011, Arave’s attorneys sent a letter to Bank of America complaining of religious discrimination and retaliation. On March 29, 2011, Arave resigned and later filed suit against the bank, Holsinger, and Anderson for religious discrimination, harassment, and retaliation.
Ask a Manager
AUGUST 6, 2020
I wrote to you in November about my colleague (let’s call him Andy) who thought it was a good idea to give underwear as a present for Secret Santa. The first thing he said is that the presents should all be safe for work and good spirited. My boss is discriminating against my pregnant employee. Here are three updates from people who had their letters answered here in the past. My coworker is giving a colleague underwear in our Secret Santa.
HRExecutive
NOVEMBER 7, 2018
However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias? Bischoff and Bussing, a San Francisco-area lawyer who writes frequently on employment issues, presented a session with similar wording in its title—“How AI Technology Can Eliminate or Amplify Bias”—at the recent HR Technology Conference held in Las Vegas.
HRExecutive
JULY 26, 2016
In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. These changes, the agency says, will allow it to collect more precise data about the religion of the individual alleging discrimination – allowing the EEOC, as well as the public, to recognize and respond to trends in charge data. discrimination EEOC employment law HR profession
HR Daily Advisor
SEPTEMBER 6, 2018
As we’ve discussed in previous articles, federal courts across the country are struggling with whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on someone’s sexual orientation. The district court granted Dynamic’s motion and carved out the portion of Underwood’s lawsuit in which she alleges she was discriminated against because of her sexual orientation.
The Employer Handbook
MARCH 13, 2018
I had a great time presenting. Senate Bill 121 ( here ) would make it unlawful for an employer to enforce any employment contract or settlement agreement against an employee, where the agreement has the purpose or effect of concealing the details relating to any claim of discrimination, retaliation, or harassment. So, why would an employer ever agree to settle a discrimination case on such one-sided terms? . Discrimination and Unlawful Harassment New Jersey
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