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Addressing what it deemed an “interpretive incongruity,” on August 18, 2023, the Fifth Circuit shifted nearly 30 years of Title VII disparate treatment precedent in Hamilton et al. v. Dallas County.
As many employers are likely aware, Title VII makes it illegal for covered employers to discriminate against employees and applicants based on certain protected characteristics, including sincerely held religious beliefs.
On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining about race discrimination.
Issues regarding pay equity have been front of mind for the Office of Federal Contract Compliance Programs (“OFCCP”) this year, as evidenced by the agency’s promise to “redoubl[e] its efforts” to ensure that government contractors are complying with the compensation evaluation portion of their affirmative action programming.
It may, once again, be time for employers to review and update their COVID-19 workplace safety policies.
In our April 28, 2022 post, we discussed New York City’s new salary transparency law that would require all New York City employers with more than four employees to state the minimum and maximum salaries whenever they “advertised” a job, promotion, or transfer opportunity.
Beginning on May 15, 2022, New York City employers with more than four employees must state the minimum and maximum salary whenever they “advertise” a job, promotion, or transfer opportunity.
President Biden is imminently expected to sign into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (the “Act”), which will have significant, immediate ramifications for employers who have entered into arbitration agreements with their employees.
As someone who has tried more than his share of cases, I have come to the conclusion that retaliation claims are often more difficult to defend than plain discrimination claims.
Perhaps I should not have been surprised that my clients who have mandated COVID-19 vaccines have seen far more objections to their mandates based on religious grounds than on medical conditions or disabilities.
September 1st is coming. And with it a change to Texas’ employment discrimination law arguably making supervisors or managers liable for sexual harassment. Now is a great time to dust off that sexual harassment training.
A new report by economists from The University of Chicago (“Chicago”) and the University of California, Berkeley (“Berkeley”) is grabbing headlines for claiming it will show a number of Fortune 500 companies discriminate based upon whether names on applications are more traditionally associated with white applicants or with black applicants.