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Articles

Category: Discrimination and Harassment

A Conservative Supreme Court: Lessons from Kennedy v. Bremerton School District

In Kennedy v. Bremerton School District (“Bremerton”), the United States Supreme Court flexed its conservative muscles to alter the landscape of First Amendment jurisprudence. In Bremerton, a high school football coach was fired from Bremerton …

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Fifth Circuit Reverses Stance on Title VII Claims: A Single Epithet Could Support Hostile Work Environment Claim

In a recent case, Woods v. Cantrell, the Fifth Circuit departed from its previous stance that a single instance of epithets cannot support Title VII claims. In Woods, an employee filed a hostile work environment …

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California’s Corporate Board Diversity Laws Declared Unconstitutional

California passed two laws that require diversity for certain corporate boards.  The first required diversity based on gender and the second for “underrepresented communities.”  The  effective date and required amount of representation varies based on …

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DOJ and DOL Reach Settlements with Facebook Resolving Claims of Discrimination Against U.S. Workers and PERM Violations

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Immigrant and Employee Rights Section (IER),  and the U.S. Department of Labor (DOL) have reached separate settlement agreements with Facebook regarding its use of …

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IER Settles with Ascension to Resolve Software-Based Immigration-Related Discrimination Claims

The Civil Rights Division’s Immigrant and Employee Rights Section (IER) of the Department of Justice (DOJ) has reached a settlement with Ascension Health Alliance (Ascension), a health care organization with more than 2,600 sites, including …

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EEOC Proposes New Guidelines on the Value of Wellness Program Incentives

April 6, 2021 Earlier this year the U.S. Equal Employment Opportunity Commission (the “EEOC”) delivered to the Federal Register, for publication and public comment, its Notices of Proposed Rulemakings (the “Rule”) on wellness programs under …

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