It is good for employers to do a statistical analysis of employee compensation periodically. It can help identify adverse compensation statistics specific to such demographics as race, gender, country of origin or other common threads. This analysis can help root out...
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Employee Title VII Claims
Federal Contractor Sued for Refusal to Hire a Pregnant Job Applicant
Workers in the United States enjoy many legal protections under Title VII of the Civil Rights Act of 1964, which forbids discrimination based on race, color, religion, sex and national origin. So, it is surprising that a Virginia Beach-based engineering firm and...
The gender-based pay gap is still a problem
Many businesses tout a model where employee pay is based on merit, skill and experience. However, the much-admired Pew Research Center released a new study on gender and pay in 2020. It found that women earn 84% of what men earn for similar work. This number remains...
Tesla Ordered to Pay $137 Million in Race Discrimination Lawsuit
Earlier this week, a federal jury in California decided that Tesla had subjected a former worker to a racially hostile work environment and awarded him $137 million in damages. The jury awarded the plaintiff, Owen Diaz, $6.9 million in compensatory damages for...
EEOC Issues Guidance on Discrimination Based on Sexual Orientation/Gender Identity
Back in 2020, the Supreme Court held in Bostock v. Clayton County that discrimination based on sexual orientation or gender identity is prohibited by Title VII of the Civil Rights Act of 1964. Recently, the Equal Employment Opportunity Commission issued guidance on...
Fourth Circuit Case Expands the Definition of Same-Sex Harassment
In Oncale v. Sundowner Offshore Services, the Supreme Court recognized the viability of same-sex harassment cases under Title VII of the Civil Rights Act of 1964, and outlined three different forms of same-sex harassment: 1. An employee is subjected to unwanted sexual...
Federal Court Rules that Ban on “Black Lives Matter” Masks Not a Violation of Title VII
As we previously blogged, political speech in the workplace can be a tricky issue, and employers and employees should both be aware of when political expression is, and is not, acceptable at work. Recently, a federal court in Massachusetts dismissed a lawsuit brought...
Do You Think You’re Facing National Origin Discrimination At Work?
In the United States, it is illegal for most employers to discriminate against someone based on their national origin. National origin is a protected class under U.S. law, as are: Race Color Gender Religion Age (40 and older) Disability Pregnancy Genetic information...
Law Doesn’t Require Employee’s Requested Religious Accommodation
When an employee requests a religious accommodation to an employment policy, the law only requires the employer to offer a reasonable accommodation that protects the employee's religious interests. It does not require employers to provide the specific accommodation...
Banned In 1971, Pregnancy Discrimination Is Still A Big Problem
If you have been following the Democratic presidential race at all, you may have heard Elizabeth Warren's claim that, in 1971, she was forced out of a job as a teacher because she was pregnant. At that time, pregnancy wasn't a characteristic protected by federal...