A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove their agreements are enforceable. Continue reading
Last week, a federal court put the brakes on two executive orders aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) programs. Citing First Amendment concerns, the court issued a temporary injunction against the U.S. Department of Labor’s enforcement of key provisions affecting DEI-related speech and activity.
Here’s what happened—and why it matters for employers and HR professionals working with federal grants. Continue reading
Friends, colleagues, HR professionals, risk managers, compliance nerds, and the occasional law student who wandered here by mistake, I never thought this day would come. Continue reading
The D.C. Circuit Court of Appeals just put a stop—at least for now—to a judge’s order that would have reinstated Gwynne Wilcox to the National Labor Relations Board (NLRB). Continue reading
A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that his allegations, if true, plausibly suggest unlawful bias. Continue reading
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis use. Continue reading
A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. Continue reading
I’ve got another confession to make.
One of my not-so-guilty pleasures is when employees seeking “religious” accommodations at work get undone by their own hypocrisy. Continue reading
Employers striving to enhance diversity, equity, and inclusion (DEI) have faced stiff headwinds recently from the federal government. The EEOC’s latest release, “What You Should Know About DEI-Related Discrimination at Work,” is more about what employers can’t do than what they can to promote DEI.
Underscoring the importance of caution, the EEOC has reminded employers that race, sex, or ethnicity-based preferences in DEI programs risk violating anti-discrimination laws. These announcements specifically warn against quotas, explicit racial or gender preferences, and any programs that could create perceived or real discriminatory outcomes.
The guidance aims to “help employers take action to avoid unlawful DEI-related discrimination,” noted EEOC Acting Chair Andrea Lucas.
But are there lawful actions employers can take to promote diversity, equity, and inclusion principles?
Yes. Ms. Lucas herself provided eleven solutions last year on an episode of Cozen O’Connor’s Employment Law Now podcast, hosted by Michael Schmidt. You can listen to them starting at 31:33 in the recording. Additionally, I’ve summarized them below. Continue reading
And Kendrick Lamar and Drake may co-host a TED Talk on conflict resolution, the Dallas Cowboys may win the Super Bowl next year, and a job applicant may answer the “What’s your biggest weakness?” question honestly.
Let’s talk about why training on diversity, equity, and inclusion (DEI) is unlikely to lead to a viable hostile work environment claim. Continue reading
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