Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on national origin (or perceived origin) in all terms of employment from hiring decisions, pay, advancement, to demotion and termination. Title VII is designed to protect all workers from bias based on their country of origin, whether an employee is an American born citizen or an employee who is originally from or associated with a country outside of the U.S.. The original intent of discrimination laws under … [Read more...]
Employment Discrimination Articles
Alan C. Olson and Associates Milwaukee Wisconsin Employment Discrimination Lawyer Articles and News
Artificial Intelligence Employment Discrimination Claims
There is a growing body of litigation and regulatory scrutiny regarding the use of Artificial Intelligence (AI) in employment decisions such as hiring, promotions, job performance, and termination. This is largely because AI is trained with historical data, raising the concern that AI is perpetuating biases that have a disparate impact on protected groups with regard to employment. It follows that plaintiffs in cases involving AI and automated decision making often allege employment … [Read more...]
Reverse Discrimination Section 1981 Vs Title VII
When an employee is subject to employment discrimination in the workplace on the basis of race, they may bring a claim under Section 1981 of the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964 depending on the unique circumstances of their case. In a recent case, a former national big box store employee is suing the employer alleging he was retaliated against and eventually fired for complaining about the conduct of two minority managers. The worker alleges his … [Read more...]
Interactive Process to Identify Reasonable Workplace Accommodations under the ADA
Under the Americans with Disabilities Act (ADA), once a job applicant or employee’s disabling medical condition is discovered, the employer must engage in an interactive process to determine if a reasonable accommodation will allow the individual to perform the essential duties of a job. Workplace Accommodations and the Interactive Process Once a disability is disclosed voluntarily, or discovered post job offer via a medical evaluation, the ADA requires the employer to engage in an … [Read more...]
Disabled Job Applicants ADA Rights
The Americans with Disabilities Act (ADA) prohibits questioning a job applicant about medical conditions or disabilities before making a job offer. This restriction extends to written questionnaires and inquiries made during interviews as well as medical examinations. Only after a conditional job offer is extended can an employer inquire about a candidate's medical conditions that relate to performing the essential duties of a job. Once a medical condition is voluntarily divulged by an applicant … [Read more...]
Consulting an Attorney about a Performance Improvement Plan (PIP)
Deciding whether to consult an attorney when facing a Performance Improvement Plan (PIP) depends on several factors. For example, if a PIP seems unfair or unwarranted, and there are potential signs or incidences of employment discrimination or retaliation, it is important to discuss your concerns with an experienced attorney, particularly when a PIP results in an adverse employment action. All too often, PIPs are used as pretext for employment termination, which may be related to discrimination … [Read more...]
U.S. Supreme Court Weighs in on Reverse Discrimination
The U.S. Supreme Court’s recent ruling in Ames v. Ohio reaffirms that Equal Employment Opportunity protection under Title VII applies to all employees of a protected class, WITHOUT distinguishing between majority or minority groups. The "reverse" discrimination case (see SCOTUS to Hear Reverse Discrimination Case) centered on the requirement that majority group plaintiffs must meet heightened evidentiary standards - known as the background circumstances test - to prove discrimination under … [Read more...]
Workplace Rights for Women
Two recently enacted federal laws provide unprecedented protection in the form of accommodations to pregnant women and new mothers in workplaces. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act),1 effective April 28, 2023, expands protections for employees who need to express breast milk while at work. Also groundbreaking is the Pregnant Workers Fairness Act (PWFA),2 effective June 27, 2023, which expands the duties of employers to accommodate pregnant employees’ … [Read more...]
Wage Discrimination and the Equal Pay Act
The U.S. Equal Pay Act of 1963, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits wage discrimination based on sex for jobs requiring substantially equal skill, effort, and responsibility under similar working conditions within the same establishment. Underscoring ongoing challenges in achieving pay equity in America's corporations, as recently as 2023, a judge certified a Disney class action lawsuit under California's Equal Pay Act alleging the company paid 9,000 … [Read more...]
Disparate Treatment Workplace Discrimination Claims
Title VII of the Civil Rights Act of 1964 prohibits intentional acts of employment discrimination based on race, color, religion, sex, national origin and other protected classes (disparate treatment), as well as policies or practices that are not intended to discriminate but in fact have a disproportionately adverse effect on minorities (disparate impact). Disparate Treatment Claims at a Glance Examples of disparate treatment run the gamut from refusing to hire a qualified woman … [Read more...]
