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Discrimination / Harassment

Court calls working beyond pay grade intolerable

12/15/2022
Generally, workers must be turned down for a job, demoted or fired before they can sue their employers and allege discrimination as the reason. But as with many things in life, there’s an exception—the concept of constructive discharge holds that if an employer makes the employee’s work life “intolerable,” that justifies quitting. The worker can then sue despite not having been fired.

EEOC settles with union over forced return-to-office policy

12/15/2022
The American Federation of Government Employees filed a complaint against the EEOC over its mandatory return-to-the-office policy. The EEOC attempted to unilaterally implement a policy requiring staff to return to the office immediately, terminating remote and telework arrangements without negotiating with the union.

Can racial equity training create a hostile work environment?

12/15/2022
A former employee of Seattle’s Human Services Department is suing the city in federal court, claiming a program by the city’s Office for Civil Rights created a hostile work environment for him, as he is white.

Snapshot: Down, down, down: Discrimination claims at EEOC drop

12/13/2022
In 2021, the EEOC received the lowest number of charges from workers in more than two decades—61,331, down 9.1% from 2020.

Universities ban caste bias; a lawsuit follows

12/13/2022
Brown University has added caste discrimination to its nondiscrimination list, joining other universities that now include caste among protected categories such as race, religion, sex and gender identity.

Supreme Court hears employer’s free speech versus anti-discrimination case

12/09/2022
The U.S. Supreme Court recently heard oral arguments in a case that pitted a state’s anti-discrimination law against the free speech rights of a business offering its services to the public. The Court will answer whether a business can discriminate against gay customers by refusing services based on the business owner’s religious beliefs.

Bill would ban caregiver discrimination

12/06/2022
The Protecting Family Caregivers from Discrimination Act would prohibit employers from firing, demoting, mistreating, refusing to hire or taking other adverse employment action against workers who are caregivers for their loved ones.

Avoid expensive pregnancy bias mistakes

12/06/2022
Give up your seat on a train or bus to a pregnant or disabled person—please do so. Provide reasonable accommodations for pregnant or disabled people at work—in these instances, you better comply. In the case of Circle K, the penalty was $8 million.

New year, new laws: Update your compliance!

11/29/2022
States have new laws about human trafficking reporting, hair discrimination, family leave, wage transparency, artificial intelligence and surveillance.

Could affirmative action cases affect you?

11/29/2022
The Supreme Court is pondering two cases questioning affirmative action in university admissions.