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
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 an understatement, unless the stove had ten or so rows of burners.
But, don’t get it twisted. Continue reading
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Continue reading
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion, and accessibility (DEIA) practices that discriminate based on race or sex. Employers must act now to ensure compliance and avoid potential legal challenges. Continue reading
Over the weekend, I came across a court ruling highlighting a surprising legal reality: an employee who admits to breaking company rules can still have a valid discrimination case. Continue reading
A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. Continue reading
In a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim of sex discrimination in hiring, the court offered some lessons for employers that may “use their gut” to decide between two qualified candidates. Continue reading
U.S. Department of Labor, CC BY 2.0, via Wikimedia Commons
Over the weekend, Lilly Ledbetter, a woman who unintentionally became a champion of equal pay for men and women, died at 86. Continue reading
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and applicants based on sex. In 2020, the Supreme Court interpreted Title VII’s ban on sex discrimination to include employer bias based on sexual orientation.
But, did you know that in about half the country, a heterosexual employee who believes that their employer discriminated against them based on their sexual orientation must also establish “background circumstances” on top of Title VII’s other requirements to establish that their employer is the “unusual” one who discriminates against the majority to sustain a claim?
What exactly are “background circumstances”? Continue reading
If your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary” services, and you’re not keen on defending sex discrimination claims, then keep reading. Continue reading
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