Discrimination

Tariffs, Layoffs, and Markets
April 10, 2025
President Trump’s tariffs are predicted to contribute to a U.S. economic downturn, which has already begun among U.S. auto manufacturers.  Downturns can lead to layoffs and extended periods of unemployment, which generally lead to an increase in discrimination charges and  litigation.
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Massachusetts and Connecticut Join Other States in Issuing Guidance for Businesses on Diversity, Equity, Inclusion, and Accessibility Initiatives in the Workplace
April 2, 2025
On February 13, 2025, fifteen State Attorneys General issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.”
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Employer Seems Poised to Lose Demotion Over Failure to Document
March 30, 2025
Sometimes you come across a case with multiple key lessons, and the Tenth Circuit Court of Appeal’s recent oral argument session in the case of Sharpe-Miller v. Walmart, Inc., has proved to be such a treasure trove.
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The Washington Post Claimed "Her Claim of Anti-Straight Bias Could Upend Discrimination Law." Was it Really Sensational News, or a Sensationalized Headline?
March 2, 2025
Marlean Ames, a heterosexual woman, worked for the Ohio Department of Youth Services. During her employment, she was denied a promotion and shortly thereafter demoted from her existing role. Two gay employees were selected to fill the position she wanted.
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The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.
February 20, 2025
As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives.
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The Potential Impact of President Trump’s Executive Order on DEI Programs
February 10, 2025
These actions do not come as a surprise. During his campaign, President Trump spoke about his disdain for DEI and DEIA programs.
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Common Mistakes to Avoid When Drafting Your Affirmative Action Plan
December 8, 2024
Creating an effective Affirmative Action Plan (“AAP”) is crucial for fostering diversity and inclusion within an organization.
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Massachusetts: Asking About Voluntarily Disclosed Arrest Records Violates Non-Discrimination Laws
October 2, 2024
As you may already know, Massachusetts law prohibits employers from directly asking a prospective or current employee about an arrest that it learns about through an outside source.
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The Perjurer Pays the Piper
October 1, 2024
A former in-house attorney for Lockheed Martin not only had her retaliation claims dismissed, but found herself on the hook for over $90,000 of Lockheed Martin’s attorneys’ fees after lying about her subsequent employment under oath.
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No Discrimination Against… Fox Hunters?
September 5, 2024
As an employment attorney, I am, of course, deeply interested in which personal characteristics are protected from discrimination under law, and it is fascinating to see which new characteristics are deemed to warrant such protections.
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Understanding the Pregnant Workers Fairness Act
May 29, 2024
Over the past year the U.S. Equal Employment Opportunity Commission has been creating regulations for the implementation of the PWFA.  Those regulations were recently issued and take effect on June 18, 2024.
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No, the Solar Eclipse Is Not a Good Reason to Skip a Deposition
May 9, 2024
What is not ok is to totally blow off a deposition in order to chase the eclipse – which is what happened in a discrimination case.
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