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Employment Law

Prepare to pay up if your DEI policy discriminates

07/14/2023
Sometimes, employers are caught between conflicting workplace priorities. Such was recently the case for pharmaceutical company Eli Lilly. In an effort to cultivate a more diverse workforce, it wound up discriminating against a protected class: older workers covered by the Age Discrimination in Employment Act.

Supreme Court begins setting 2023-2024 docket: One employment-law case makes the cut

07/10/2023
Two employment-law cases were considered for the 2023–2024 docket. One of them will be heard, but the justices decided another didn’t make the cut.

Never tell recruiter to screen by protected status

07/07/2023
If you use a third-party recruiter to screen and refer candidates for open positions, remember this: You’re responsible for any discrimination that may occur. Telling the recruiter you don’t want to consider résumés from members of a particular protected status is a big no-no.

Summer’s here and so are new employment laws

07/07/2023
Summertime is often when new employment laws take effect, and this summer is no exception.

Biased bosses: Beware ‘Cat’s Paw’ liability for discriminatory firing

07/07/2023
Under what’s called the Cat’s Paw Theory, employers can’t defend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased.

Beware impact of Supreme Court’s affirmative action decision on DEI programs

07/03/2023
The decision in Students for Fair Admissions v. President and Fellows of Harvard College said two universities’ affirmative action policies lacked sufficient focus and measurable objectives warranting the use of race as admissions criteria and involved their own form of racial stereotyping to make admissions decisions. For employers committed to diversifying their workplaces, the case offers lessons to avoid similar legal challenges.

Supreme Court raises the bar for denying religious accommodations

06/30/2023
In a unanimous opinion, the Supreme Court on June 29 decided that the appropriate standard for rejecting or making a reasonable accommodation for employees’ religious needs is whether granting an accommodation would substantially increase costs in relation to the conduct of the organization’s particular business.

$25.6 million! Cost of scapegoating white manager for racial profiling

06/30/2023
Back in 2018, a Starbucks manager approached two Black men waiting for a colleague and said they had to buy something or leave. An argument ensued and police were called. The two men were led away in handcuffs but released a few hours later without charges. What followed was a public relations nightmare for Starbucks, which was accused of racial profiling.

Supreme Court ruling streamlines process for resolving disputes via arbitration

06/30/2023
In a move that may cut legal costs for employers that still use arbitration agreements, the U.S. Supreme Court ruled June 23 that questions about arbitration terms must be decided before a lawsuit filed in federal court can proceed.

Does USERRA require you to pay employees on military leave?

06/28/2023
Does equal treatment extend to paying employees on military leave if your leave policy pays employees for other types of leave? USERRA says yes, if the leaves are comparable.