Class Actions: A New Book And Book Review

Every now and then a book about comes along – or at least a book review about the book – that it deserves discussion in a blog. This is true about U.S. District Judge Jed Rakoff’s review in the latest issue of The New York Review of Books of a book authored by Columbia securities […]

Mark of the Beast v. Biometric Scanning

Well, I guess a little timely research now and then can’t hurt. Mea culpa.

I wrote last week about religious discrimination and accommodations, and highlighted two “Mark of the Beast” cases.  One was denied review by the Supreme Court, and I said about the other that “as far as I know the case is still pending.”

Not […]

Is Weight Bias A Valid Employment Discrimination Claim?

Should weight be a protected class? How about looks?  Is there a bias in the workplace against people who are “overweight?”

A newly-filed lawsuit presents us the opportunity to discuss the issue of weight discrimination.  Only one state – Michigan – outlaws weight discrimination in employment (as do a small number of municipalities).

According to CBS/Detroit, a former store […]

New York To Extend Human Right Law To Cover Gender Identity, Transgender Status And Gender Dysphoria

The New York Times reports today that New York’s Governor Cuomo has  announced that he would “direct the State Division of Human Rights to issue regulations that extend protections against discrimination found in a 1945 law to cover gender identity, transgender status and gender dysphoria.”

The protections in these regulations would extend to, among […]

Can’t Find a Job at 50? Is it Ageism Or Just Your Own Fault?

A couple of weeks ago I wrote about an article in the New York Times entitled “To Get A Job At 50, Make Lots Of Friends In Your 40s.” It discussed a new academic study which concluded – surprise! – that people over 50 have a harder and longer time finding work than their younger […]

The Mark Of The Beast Meets The Internal Revenue Code

Religious discrimination cases are dominating headlines – indeed, we are in a period right now where religious rights are frequently being weighed and balanced against other rights, including of course, employers’ rights, in an effort to accommodate religious beliefs — a societal and legal priority.

I have often written about what used to be a Title VII backwater […]

What Is A “Vulnerable” Worker? The EEOC Has The Answer For Employers

Protecting “vulnerable” workers is an EEOC priority.  An EEOC press release stated that “Combating discrimination against agricultural workers falls within one of the priorities under the EEOC’s Strategic Enforcement Plan (SEP): protecting immigrant, migrant and other vulnerable workers.”

Workers are “vulnerable” to discrimination and harassment for many reasons and in many situation, mostly evidenced by their powerlessness […]

Hospitals And The ADA: EEOC Playing PR Game To Perfection

Emory University Hospital in Atlanta was just sued by the EEOC under the ADA for denying an employee a two-week leave extension after he had emergency surgery.

An EEOC attorney said:

“One would expect that a hospital, of all places, would show understanding and fairness toward an employee who had recently had emergency surgery.”

No comment.


There Are “Too Many Old, Fat, Ugly And Gray-Haired Employees!”

Just when I was through harping about health care facilities being the target of EEOC suits under the Americans With Disabilities Act, along come a couple of new EEOC lawsuits about my next favorite topic to write about: ageist epithets or what I have called “code words” as evidence of age discrimination.

I tells ya there ain’t […]

Protecting “Vulnerable Workers” Still An EEOC Priority

I wrote many a post in my prior blog about the EEOC’s Strategic Enforcement Plan (“SEP”), which made protecting “vulnerable” workers a priority.  I said before that protecting farm workers, migrant workers, workers in isolated areas, and mentally-challenged Henry’s Turkey workers was something that the EEOC was focusing on.  It still is.

But some employers either ignore the […]