Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more
4/10/2025
/ Anti-Discrimination Policies ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Race Discrimination ,
Sex Discrimination ,
Title VII
Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more
7/19/2019
/ Civil Rights Act ,
Donald Trump ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Muslims ,
National Origin Discrimination ,
Offensive Language ,
Slurs ,
Title VII ,
Trump Administration ,
Twitter
On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show.
ABC’s decision led to pontification from...more
6/5/2018
/ Employer Liability Issues ,
First Amendment ,
Free Speech ,
Hiring & Firing ,
Popular ,
Private Sector ,
Protected Concerted Activity ,
Racist Remarks ,
Social Media ,
Social Media Policy ,
Title VII ,
Twitter ,
Wrongful Termination
1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation?
The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more
1/25/2018
/ Anti-Retaliation Provisions ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Actions ,
Department of Labor (DOL) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Gender Identity ,
LGBTQ ,
Minimum Salary ,
NLRB ,
Over-Time ,
Reporting Requirements ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Trump Administration ,
Whistleblower Protection Policies ,
Whistleblowers
Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Richard Posner ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender