Under federal employment discrimination laws, applicants and employees are protected from employment discrimination based on national origin. National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country or area of the world; due to their ethnicity or accent; or because they appear to be of a certain ethnicity. National origin discrimination can also involve treating someone unfairly because they are married to or an … [Read more...]
Employment Discrimination
Complaints of Employment Discrimination Plague Diversity Programs
A proposed class action lawsuit has been filed against the largest U.S. newspaper publisher, Gannet Co Inc., by employees alleging they were fired or passed over for promotion to elevate less qualified women and minorities. Plaintiffs claim that the company's efforts to diversify newsrooms has led to discrimination against white workers. According to the complaint, a policy announced in 2020 revealed the publisher’s push to transform newsrooms to reflect the demographics of the … [Read more...]
Supreme Court Rules on Workplace Religious Accommodations
In a recent case regarding religious accommodations in the workplace, the U.S. Supreme Court unanimously ruled that a lower court applied the wrong standard after siding with an employer who denied an employee’s request not to work on Sunday Sabbaths. Employment discrimination laws prohibit religious discrimination to include religious beliefs and practices. The statute requires employers to accommodate an employee’s religious practice as long as it does not pose undue hardship on the … [Read more...]
Wisconsin Fair Employment Act : Discrimination in Employment
Employers are prohibited from discriminating against certain protected classes of workers including refusing to hire, terminating employment, or taking other adverse employment actions based on the protected class. The law further prohibits harassment or retaliation against the same protected classes in the workplace. Under the Wisconsin Fair Employment Act (WFEA), discrimination or harassment is unlawful if it is based on age (Over 40); arrest or conviction records; race; national origin, … [Read more...]
Protections Against Workplace Pregnancy Discrimination
Pregnancy discrimination is pervasive in workplaces across the nation and various laws have been enacted to protect against unfair treatment on the job. Recently, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP Act, were signed into law, imposing new federal requirements on employers with respect to workplace accommodations related to pregnancy, childbirth, and nursing moms. The PWFA provides employees who have conditions … [Read more...]
Employment Discrimination Arrests & Convictions
The Wisconsin Fair Employment Act (WFEA) prohibits employers, employment agencies, labor unions, and licensing agencies from discriminating against employees and job applicants because of age; ancestry, color, national origin or race; creed; disability; genetic testing; marital status; military service; sex, sexual orientation, pregnancy and childbirth; other protected classes. For job candidates or employees with an arrest or conviction record, the Wisconsin Fair Employment Act goes further to … [Read more...]
Sexual Harassment and Arbitration Agreements
Arbitration agreements are common in employment contracts and, up until recently, many employees were often required to enter into employment agreements that forced them into arbitration to resolve allegations of sexual assault and harassment disputes. New Law Barring Forced Arbitration in Sexual Assault and Sex Harassment Disputes For a long time employees who were victims of sexual harassment in the workplace were not able to bring their grievances to a court of law because of a … [Read more...]
Reasonable Accommodations for Workplace Disabilities
The American with Disabilities Act (ADA) requires an employer to provide a reasonable accommodation if an employee becomes disabled. An employer may not discriminate against an employee because of a disability. If you have been wrongfully terminated because of a disability, you are strongly advised to work with an experienced employment law attorney to protect your rights. If a disabled employee can perform the essential functions of a job, a reasonable accommodation may … [Read more...]
Legal Relief For Sexual Orientation Discrimination
Sexual Orientation Discrimination and Employment Many of the federal anti-discrimination laws that protect individuals from discrimination based on sex, race, national origin and religion have not been extended to sexual orientation. However, in 2003 US Supreme Court decision in Lawrence v. Texas may have opened the door for increased protections against sexual orientation discrimination in the public sphere, including at work. Federal Measures Title VII, which provides for protection … [Read more...]
Wisconsin Sex Discrimination Law
Like Federal Law, the Wisconsin Fair Employment Act prohibits employers from engaging in sex discrimination. Sexual Harassment Sexual Harassment is a form of sex discrimination and involves unwelcome sexual advances, requests for sexual favors, physical contact of a sexual nature, or verbal or physical conduct of a sexual nature, whether it is directed at an opposite or same sex victim. Harassment Based on Sex or Gender Harassment based on Sex or Gender (not gender identity) is … [Read more...]
