The Issue of Sexual Orientation has been settled, or has it?

In Title VII of the Civil Rights Act, there is no expressed protection for sexual orientation. However, during the Obama administration, the EEOC ruled that sexual orientation is protected under sexual discrimination provisions of Title VII. When the country switched over to the Trump administration, the Department of Justice said that sexual orientation is not …

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Two Compliance Issues every HR professional should know and teach to managers

I have come across a number of “must-know” lists in the past couple of weeks. Perhaps this is an artifact of the time of year, getting a fresh start phenomenon. As a result, I decided to do my own list. These are the things that I think all good professionals must know. Anti-discrimination Most of …

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US Court of Appeals affords discrimination protection to LGBT community

The Seventh Circuit Court of Appeals became the first US Federal court to rule that LGBT employees are afforded protection under Title VII from discrimination on the basis of “sex”. Although the Seventh Circuit only includes Illinois, Indiana and Wisconsin, according to an announcement by the law firm Fisher Phillips, it is anticipated that this …

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EEOC sends a message about age discrimination

As we close in on the 50th anniversary of the Age Discrimination in Employment Act (ADEA) the EEOC announced the settlement of a long-lived age discrimination suit against Texas Roadhouse. The case The case against Texas Roadhouse was filed in Massachusetts against the Kentucky based restaurant chain. The EEOC claimed the company violated the law …

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Just because you make Mexican food does not entitle you to hire only Hispanic workers

In a reversal of the normal race discrimination case the EEOC has announced it is suing a manufacturer of Mexican foods for discriminating against non-Hispanic applicants in its hiring processes. The case On January 12, 2017 the EEOC filed a discrimination lawsuit against Marquez Brothers International, Inc. and its affiliates for favoring less-qualified Hispanic job …

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Is it intent that matters or the effect?

I read a very interesting article written by attorney Malcolm Seymour of Garvey Schubert Barer. It was about the new ride sharing Uber style service called SafeHer, which advertises that they are a company “Driven by women Exclusively for women.” The promote safety as their prime concern. The question is, will this well intended idea …

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Did you know that race has more protection than other classes?

Most people in a business situation feel they are protected from discrimination by an employer because of Equal Employment Opportunity. This is not true. The coverage provided by EEO is limited by the size of the company to companies with 15 or more employees. This protects smaller businesses from being sued in all protected categories, …

Read moreDid you know that race has more protection than other classes?

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