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Discrimination (generally)

Ministerial Exception to Employment Discrimination Laws Upheld by Supreme Court in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C.

Written on 11 Jan, 2012 at 22:50

Supreme Court held under ministerial exemption church firing of teacher who is "minister" is not subject to employment discrimination law. ... (Continue reading)

Discrimination Against Unemployed Applicants? EEOC Hears Experts.

Written on 26 Apr, 2011 at 10:00

Recently the EEOC held a public meeting to look into "the emerging practice of excluding unemployed persons from applicant pools” and whether such a practice is unlawful under federal discrimination laws.... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Family Responsibilities Discrimination Quiz

Written on 9 Feb, 2011 at 23:02

This quiz was created by The Center for WorkLife Law. It will help you identify family responsibilities discrimination (FRD) issues, and learn more about how employers can prevent FRD. Best of all, this quiz won’t be graded, so it should... (Continue reading)

What Does Climbing the St. Louis Arch Have To Do With Proving Discrimination?

Written on 29 Oct, 2010 at 15:34

Learning Employment Discrimination Law Basics From a Classic Civil Rights Story Introduction This article explains the most common way employment discrimination is proven, disparate treatment, by stepping back to an earlier era and a much different America — one in... (Continue reading)

“The Company You Keep”: Association Discrimination under the ADA

Written on 31 Aug, 2010 at 11:22

Avoiding Discrimination against Employees Who Care for Disabled Family Members Most employers and HR managers understand the discrimination laws in terms of protecting people based on “protected characteristics,” such as race, national origin, religion, gender, age, or disability. A protected... (Continue reading)

Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect

Written on 8 Apr, 2009 at 20:53

I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist. I started with these thoughts: In the academic world, this case will be a law professor’s... (Continue reading)

Lilly Ledbetter Fair Pay Act Signed by President Obama

Written on 30 Jan, 2009 at 6:00

Today (January 29, 2009) President Obama signed into law the Lilly Ledbetter Fair Pay Act, a law named for an Alabama woman who lost her pay-discrimination case at the Supreme Court on the basis that she had not filed a... (Continue reading)

Not Just a Bailout for the Rich; Mental Health Parity Law Comes Along for the Ride

Written on 6 Oct, 2008 at 22:17

Mental Health Parity Act: One of the “Sweeteners” Added to the Wall Street Bailout Bill Thanks to the mess on Wall Street, over a third of Americans will have better health insurance coverage for mental illness and addiction treatments beginning... (Continue reading)

“Blind Hiring” to Avoid Bias: Wave of the HR Future, or “Blind Alley”?

Written on 4 Aug, 2008 at 17:21

Is a hiring manager named "David" more likely to give an edge to a job candidate also named "David"? Recent academic research suggests that the answer is “yes,” even for other names with similar sounds, like "Dan" or "Dustin." What... (Continue reading)

Is Ledbetter Fair Pay Act Needed?

Written on 5 May, 2008 at 12:00

Last week, in Part 1 of this series, I discussed the Supreme Court's Ledbetter decision and the criticism of it that led to the introduction of corrective legislation in the form of the Fair Pay Act. Today, in Part 2, I'll... (Continue reading)

Senate Blocks Ledbetter Fair Pay Act

Written on 28 Apr, 2008 at 18:19

Last week Republicans blocked legislation (Fair Pay Act) intended to reverse last year's Supreme Court ruling in Ledbetter v. Goodyear Tire & Rubber Co., widely criticized for making it easier for employers to get away with pay discrimination. This... (Continue reading)

Judge Gives NASA Lesson on Background Checks

Written on 17 Jan, 2008 at 0:38

NASA scientists, engineers, and administrative support personnel believed newly- implemented background checks were unlawful, claiming NASA lacked authority to implement them and was invading personal privacy. After unsuccessfully seeking injunction in federal district court, they ultimately prevailed when Ninth Circuit... (Continue reading)

Firemen’s Dog Food Prank Could Cost City Millions

Written on 18 Sep, 2007 at 0:33

A black LA firefighter filed a racial discrimination suit after his coworkers “secretly laced his spaghetti with dog food.” He said in court documents that the dog food incident “was part of a pattern of incidents” at the fire station... (Continue reading)

Authoritative Summary of Law on Family Responsibilities Discrimination

Written on 9 Jul, 2007 at 17:08

We’ve written before about the increased interest in what is being called “Family Responsibilities Discrimination”: Family Responsibilities Discrimination? EEOC Issues Guidance on Family Responsibilities Discrimination Mommified: Social Science Evidence of Discrimination Against Mothers Legally speaking, family responsibility discrimination does not... (Continue reading)

Recruiters Can Be Liable for Discrimination

Written on 6 Jun, 2007 at 13:59

George recently wrote about recruiting discrimination on Kennedy Information’s Recruiting Trends website. George is on the Advisory Board of the site, which offers guidance and industry news. The article warns recruiters that Title VII of the Civil Rights Act of... (Continue reading)

Ledbetter Case: Supreme Court Upholds Time Limits on Title VII Pay Discrimination Cases in 5-4 Decision

Written on 31 May, 2007 at 12:31

In a 5-4 decision that roused the ire of dissenting Justice Ruth Bader Ginsburg, the Supreme Court said employees claiming intentional pay discrimination under Title VII must do so within 180 days of the original discriminatory action — not 180... (Continue reading)

EEOC Issues Guidance on Family Responsibilities Discrimination

Written on 25 May, 2007 at 0:06

Family Responsibilities Discrimination has been in the news a lot lately. I’ve been skeptical of the concept, drawing some interesting comments. Katie Rice touched on a similar topic in her first post as an intern on this Blawg: Mommified: social... (Continue reading)

Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments

Written on 15 Apr, 2007 at 23:07

I’ve written before about the fascinating subordinate bias case that was scheduled for Supreme Court arguments this coming week: Supreme Court to hear Coca-Cola “cat’s paw” case Cat’s paws, rubber stamps, and proof of race discrimination The “Question Presented” as... (Continue reading)

George’s 15 minutes of fame — quoted in TIME Magazine on video resumes — with Friday video humor thrown in for good meaure

Written on 2 Mar, 2007 at 1:16

A few weeks ago, when I was in New York, I stayed at the Hudson Hotel, a cool place near the Time-Warner Building pictured at left (my photo). So did several other scintillating bloggers-blawgers. Shortly after my return, I got... (Continue reading)

EEOC, OFCCP debate discrimination in recruiting and hiring

Written on 9 Nov, 2006 at 15:52

A recruiter friend, Karen Mattonen, tells me that many recruiters are becoming more eager to learn about discrimination laws as they become more aware of the legal risks inherent in their activities. The stakes are increasing as candidates become more... (Continue reading)

Family Responsibilities Discrimination?

Written on 14 Oct, 2006 at 22:37

Subtitle: F.R.D. — “you can call it FRED." Apologies to my regular readers for being scarce on this blog lately. I’ve been busy, with billable work and otherwise — and maybe also needed a break from the blogging routine. One... (Continue reading)

Plain Talk About Employment Testing From Bob Brady, a Straight Shooter

Written on 15 Sep, 2006 at 16:25

(And from George, making it two straight shooters — hopefully) Back when Michael Harris was a contributor to this blog, employment testing was a fairly common topic here, and naturally so, given his background as an industrial/organizational psychologist. Unlike Michael,... (Continue reading)

Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination

Written on 12 Jul, 2006 at 19:18

A June EEOC press release alerted me to a very important decision of the Tenth Circuit Court of Appeals in a race discrimination case involving a Coca-Cola bottling company. The issue is proving discrimination where the evidence shows that a... (Continue reading)

Even More On FedEx’s Use of the BST Testing: Is It Really Valid?

Written on 4 Jul, 2006 at 11:58

Since my posting on the EEOC’s investigation of FedEx’s use of an employment test, I have continued to find some more interesting information on FedEx’s use of an employment test. This time, the information comes from a lawsuit against FedEx,... (Continue reading)