Recently, the U.S. Equal Employment Opportunity Commission has garnered headlines (and blog posts) over a shift in enforcement priorities to issues such as “anti-American” bias in hiring and defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. To say these were previously on the backburner would be…
As Tom Petty once sang, “The waiting is the hardest part.” Employers waiting on the uncertain fate of the Federal Trade Commission’s non-compete rule can relate. With the initial sweeping ban announced in 2024 and legal challenges that followed, many businesses have been left wondering how to structure their workforce…
Title VII, the federal antidiscrimination law prohibiting race discrimination, is not a general civility code. An aggrieved employee must establish that they were subjected to behavior based on their race that was severe or pervasive enough to interfere with their working conditions. As we learned yesterday, no rational person would…
About a year ago, a federal judge greenlit the lawsuit of a former university professor who alleged that his employer created a racially hostile work environment through various discussions and initiatives focused on antiracism and racial justice. In his complaint, the professor alleged that he had to attend conferences or…
A federal court yesterday struck down President Trump’s attempt to fire National Labor Relations Board (NLRB) member Gwynne Wilcox. The decision restores the NLRB’s ability to function—but more importantly, it sends a clear message about presidential power and labor law. Here’s what happened, why the court ruled against Trump, and…
Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from…
Religious discrimination laws protect more than just those who attend church, temple, or mosque. Did you know that they also protect those who don’t subscribe to any religious belief at all? A recent lawsuit in Colorado alleges that atheists, too, can face workplace discrimination—and that’s just as unlawful as treating…
Some people seem to think the workplace is their personal soapbox, where they can broadcast whatever pops into their heads—no matter how offensive, misguided, or just plain dumb. One former employee learned this the hard way when he posted an anti-LGBTQ+ comment on the company intranet, mistakenly thinking it was…
In a recent employment discrimination case, the plaintiff, a Black employee, claimed his termination following a workplace investigation into complaints about his conduct at work, was racially motivated. The employer tried to dismiss the case, but failed. Find out why and I’ll throw in a few takeaways about the importance…
Especially if you’re gonna claim discrimination when you eventually get fired. That’s among the takeaways from a recent federal appellate court ruling reinforcing the importance of enforcing workplace policies, particularly those related to safety. What Happened? A logistics manager was fired after failing to follow company policy when another employee…
