Discrimination

Preferential Treatment for Employees with Active WSIB Claims not Discriminatory
November 8, 2017
The Human Rights Tribunal of Ontario (the “Tribunal”) recently held that it is not discriminatory for employers to treat disabled workers with active WSIB claims more favourably in the accommodation process than disabled workers without such claims.
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EEOC Highlights New Types of Race Discrimination
November 1, 2017
I was recently perusing the latest edition of the Equal Employment Opportunity Commission’s federal sector Digest of Equal Employment Opportunity Law and came across an interesting article, “Race Discrimination in the 21st Century Workplace,” by EEOC attorney Paula Rene Bruner.
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Be Careful of What You Say About Your Former Employee…
October 24, 2017
Many savvy employers know that a neutral reference policy – in which you confirm a former employee’s position, dates of employment and (maybe) salary – is typically the safest choice for avoiding a defamation claim.
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U.S. Department of Justice Rescinds Policy Protecting Transgender Employees
October 16, 2017
On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant to Title VII of the Civil Rights Act of 1964.
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What’s in a Name? Ask Robert Lee
August 23, 2017
Instead of covering the top sports headlines of the day, ESPN has once again made the headlines and found itself embroiled in controversy. 
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Fictional Mailbag– Workplace Comic Creates Hostile Work Environment
August 20, 2017
The eclipse of 2017 is a perfect metaphor for today’s (fictional) mailbag letter.  Pete (last name withheld), a management employee who appears to have HR responsibilities, is clearly bothered by two employees who have complained to him about jokes made in the workplace by a third employee (who is a standup comedian on weekends)
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Could Google’s Firing of Engineer Lead to Legal Trouble?
August 17, 2017
Earlier this month, Google software engineer James Damore forwarded a 10-page memorandum to his coworkers via employee forums and email.
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Workplace Lessons From Charlottesville
August 16, 2017
Following the violent events and controversy surrounding the white nationalist/supremacist rally in Charlottesville, it was reported by Berkeleyside that an employee was fired from his job because of his participation in the rally.
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New York City Commission on Human Rights Adopts Rules Implementing the Fair Chance Act; Proposes Rules Implementing the Stop Credit Discrimination in Employment Act
August 6, 2017
The New York City Commission on Human Rights (the Commission) recently published final rules to clarify the procedures and application of the New York City Fair Chance Act. The rules became effective on August 5, 2017.
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​(Fictional) Mailbag: What Do Dinosaurs Have To Do With Age Discrimination?
May 25, 2017
Turning to the (fictional) mailbag, we have a letter from Sam who works for a social media start-up.  She is concerned about potential liability for age discrimination flowing from the owner’s regular complaints about employing “dinosaurs.”
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“Go Back to Your Country” Is Not Evidence of National Origin Discrimination?
May 24, 2017
I am a die-hard management-side attorney. Typically, I cheer on federal courts that rule in favor of employers – but there are the rare occasions where I think the court gets it unquestionably, unutterably wrong.
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Seventh Circuit Court Determines That Title VII Covers Sexual Orientation Discrimination
May 15, 2017
In what many are calling a landmark decision, the Seventh Circuit Court of Appeals recently determined that Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.
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