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...]
Employment Discrimination
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...]
Proof to Back Up an Employment Discrimination Claim
When an employee is a victim of workplace discrimination, having evidence and documentation to back up a claim is important. Past Job Performance Evaluations Many employees are subject to annual job performance reviews where their workplace contributions are evaluated. These yearly appraisals can prove very valuable in a workplace discrimination case if an employer sites poor performance as a reason for an adverse employment action when an employee has consistently received highs praise … [Read more...]
Age Discrimination on the Job
Despite legal prohibitions, workers across the nation are frequently subject to workplace discrimination on the basis of age. Many older Americans face age bias in the workplace as more choose to work past the age of 65, with 40 percent of adults ages 65 to 69, and 25 percent of people ages 70 to 74, expected to be still working through 2030. Unfortunately, older workers sometimes do not feel welcome in the workforce. An AARP survey found that nearly 80 percent of older workers reported … [Read more...]
Refugee, Non Citizen Employment Rights
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...]
