Discrimination

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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SCOTUS Eases the Standard for Proving a Discriminatory Job Transfer under Title VII
April 17, 2024
Earlier this week, the U.S. Supreme Court resolved a split in the circuits as to whether an employee is required to show a “significant” injury or harm in connection with a job transfer to meet the threshold for proving an adverse employment action under Title VII of the Civil Rights Act of 1964.
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Supreme Court Decision: Employees May Challenge Unwanted Job Transfers as Discriminatory, Even if Transfers Don't Involve Significant Disadvantage
April 16, 2024
Earlier today  the Supreme Court held that a police sergeant’s suit about her involuntary transfer to another division with less prestige and fewer perks was sufficiently injurious to allow her to sue for sex discrimination
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Could Employer DEIB Initiatives Face Legal Challenges?
February 26, 2024
Just a few weeks ago, billionaire investor Mark Cuban and Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas squared off on X regarding a post.
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Employers, “When you assume, you make an ass out of u and me.” – Oscar Wilde (or not?*)
January 24, 2024
The EEOC had sued Walmart for sex discrimination, claiming that Walmart refused to promote a female employee based on sex stereotypes about women with small children.
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