Under federal law, employers may not discriminate against employees who are transgender or gender non-conforming. For example, an employer may not refuse to hire someone who is transitioning, treat a transgender or non-conforming employee differently, terminate an employee based on their transgender status or non-conforming gender status, or refuse to step in if coworkers harass an employee for their transgender or nonconforming gender status. Looking Back at Bostock v. Clayton County In … [Read more...]
EEOC Guidance on Harassment in the Workplace
In 2020, the U.S. Supreme Court held that employees who work at or apply for jobs with an employer that has at least 15 employees is protected under federal law against employment discrimination on the basis of sexual orientation or gender identity in Bostock v. Clayton County. The Supreme Court’s decision established that conduct of this kind is sex-based discrimination under Title VII. In light of this decision, and the fact that the employment landscape has changed to include significant … [Read more...]
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
In 2022, The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was signed into law, giving employees the option to bring workplace sexual harassment claims to court even if they signed an employment agreement that requires mandatory arbitration. The Act also permits victims of sexual assault or harassment to be part of a class or collective action even if they waived their right upon being hired. Previously, arbitration agreements precluded a victim of sexual assault or … [Read more...]
Overruling Chevron Doctrine Impacts Employment Law
Last month, the U.S. Supreme Court overturned the Chevron Doctrine, a legal doctrine that allowed bureaucratic regulators to interpret and implement rules and regulations relating to statutes passed by Congress. Under Chevron, where the intention of a statute was made clear by Congress, courts were to reject any further interpretation; where a statute was silent or ambiguous, agencies were given the authority to "advance permissible construction of a statute" and the courts generally deferred … [Read more...]
Reasonable Accommodations for Pregnant Workers under PWFA
On June 18, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued their final rule regarding the Pregnant Workers Fairness Act (PWFA) requiring covered employers to offer reasonable workplace accommodations to workers who are pregnant or have a condition related to pregnancy or childbirth. The PWFA applies to employees, job applicants and former employees of both public and private employers with 15 or more employees. It is important to note, however, that a preliminary … [Read more...]
Do I Have to Reveal My Disability Status During a Job Interview?
Disability laws prohibits employment discrimination when it comes to any aspect of the employment process including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and other terms or conditions of employment. Nonetheless, some who suffer from a disability remain concerned that their disability status will prevent them from getting a job and wonder if they have to reveal their disability during a job interview. During the hiring process specifically, a job … [Read more...]
Employment Discrimination and Retaliation
When an employee experiences discrimination or retaliation at work it often takes the form of an adverse employment action, such as wrongful termination. The goal is to punish an employee for exercising their protected rights and intimidate other employees from making or supporting similar claims. An adverse employment action may include demotions, lowering an employees pay by not promoting, reassignment to less desirable duties, harassment, wrongful termination and more. In Wisconsin, … [Read more...]
Discrimination When Utilizing AI in Employment Decisions
Employers across the country have become increasingly reliant on artificial intelligence (AI) to manage many aspects of employment including hiring. It is not uncommon for larger companies to rely on AI to assist in hiring related decisions from using tools such as resume scanning, virtual assistants, and testing software measuring aptitude, cognitive skills and personality to allowing AI to select which candidate to hire. In a quest for enhanced efficiency in employment decisions, AI … [Read more...]
Employment Discrimination Resulting in Hostile Work Environment
When someone in the workplace engages in discriminatory harassment against an employee it may create a hostile work environment culminating in an employment discrimination claim. Hostile work environments are prohibited under various federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA). Workplace discrimination based on sex, including sexual harassment, … [Read more...]
Workplace Discrimination Based on Religion
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, or any other terms and conditions of employment. Employers are required to reasonably accommodate the religious beliefs and practices of applicants and employees, unless such an accommodation poses a substantial burden on the employer. Accommodations may include adjustments to scheduling, job reassignments, exceptions to dress or grooming rules, … [Read more...]
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