The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action. The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take
Supreme Court Holds that Employers May Not Discriminate Against Workers on the Basis of LGBTQ Status
In October 2019, we published a blog post covering a series of three cases taken up by the U.S. Supreme Court that addressed the question of whether discrimination based upon sexual orientation and gender identity is illegal under Title VII of the 1964 Civil Rights Act (“Title VII”). Today, we follow up with this post
Do you know who your employees are? The NLRB clarifies its joint-employer standard
You probably think that your employees are limited to the people listed on your payroll. But under the joint-employer standard, one business’s employees can be imputed as another business’s employees for the purpose of employment laws and regulations. Earlier this week, the National Labor Relations Board (“NLRB”) announced its final rule for determining joint-employer status
Online Ad Targeting Presents Risks for Employers and Landlords Alike
Last fall ProPublica revealed that the U.S. Equal Employment Opportunity Commission has cited employers for discriminatory targeting of job ads on Facebook. The ads in question excluded women and older workers through use of the micro-targeting tools provided by Facebook’s advertising platform. Early in 2019, a similar practice came under fire by the Department of
It’s Party Time!
The time has come for companies to begin planning their 2019 holiday parties. While these events are a great way to show appreciation for employees and build morale, they can present certain risks for employers. Being mindful of the following issues can help employers avoid complaints, or worse, lawsuits, associated with holiday parties.
Alcohol
While
Supreme Court to Decide Important Issue for Employers Regarding LGBTQ Discrimination
For several years, employers have been uncertain whether discrimination based upon sexual orientation is illegal under federal law. Although many states, including Minnesota, have enacted laws prohibiting such discrimination by employers located within their jurisdiction, many have not, leaving federal law as the only source for potential protection in such states. In three cases argued
Eliminate Liability for Sexual Harassment – Investigate and Remedy
Most employers understand the importance of having a well-communicated policy that prohibits various forms of illegal harassment, including sexual harassment. Not only can such policies have the beneficial effect of reducing or eliminating the existence of such harassment in the workplace, but a documented program of addressing and correcting such problems can go a long
The Battle Over LGBT Rights Rages On
Most of you will recall the fight in numerous political elections just a few years ago over the issue of whether same-sex couples have the right to marry. The Supreme Court put the issue to rest through a decision in 2015, holding that the 14th Amendment of the U.S. Constitution provides the fundamental right and
Can A Man Sexually Harass Another Man?
Don’t assume that men can’t sexually harass other men (or women can’t harass other women), or otherwise discriminate against them in violation of the civil rights laws. In August of this year, the Seventh Circuit Court of Appeals issued a decision involving allegations of sexual harassment by a male employee against his male coworkers and
Lost in Translation – Accents and Discrimination
Today’s employees come from hundreds of foreign countries and speak hundreds of languages. Some employees have accents and some employees are difficult to understand because of their accents. What is an employer to do? It is illegal under state and federal law to discriminate against an applicant or an employee because of his or her