“Yes Virginia, There Is …”

In the spirit of the season, to paraphrase a nineteenth century newspaper quote which became a cultural maxim, “Yes Virginia, there is such a thing as ‘beauty bias.’”

On November 9th I did a post which I entitled “Beauty Bias” Should Looks Be a Protected Category?” and gave a shout out to Julia Baird, the author of […]

EEOC Releases Report On Annual Achievements

The EEOC just released its annual “Performance and Accountability Report” which “record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30.”

The EEOC stated that it “continued to implement its Strategic Plan for Fiscal Years 2012-2016, which the Office of Management and Budget authorized the Commission to extend through fiscal year 2018, and […]

Has The EEOC Found Another Easy Target?

“Religious discrimination,” I noted in my post of September 14th, “formerly a backwater of discrimination law, has shot to the forefront in recent years.   Public policy and the expansion of the reach of Title VII meet claims of religious discrimination.   The political/legal struggles will likely take a while to resolve, if at all.”  I said that […]

Alright – So I Like Beating Dead Horses!

I said that I wouldn’t do it anymore, but I can’t help it.

So I like beating dead horses.

The dead horse in question? The never-ending EEOC lawsuits filed under the ADA which target medical or health care providers.

When I wrote recently about three new such lawsuits filed by the EEOC, I quoted an EEOC attorney in […]

Employers May Not Bar Pregnant Employees From Work Because Of Outdated Myths Or Stereotypes

Two months ago I did a post called “The ADA: No Employment Decisions Based Upon Fears, Myths and Stereotypes.” I wrote about an ADA case and commented that “Now is as good a time as any to come back to the issue of employers claiming to base adverse employment decisions upon the ‘best interests of the […]

Stacking the Deck of Justice?

The New York Times is publishing an investigative series on consumer arbitration, which should interest everyone, including employment folks who are on both sides of the arbitration v. litigation issue when it comes to discrimination cases and class actions.

In “Arbitration Everywhere, Stacking the Deck of Justice” (11/1/15) the Times reported that with respect to, for […]

Is There Disability Discrimination If The Employer Didn’t Know The Terminated Plaintiff Had A Disability?

A recent court decision presents an interesting fact pattern not often seen in ADA cases.

As we know, the ADA prevents discrimination against a qualified individual on the basis of disability, if the plaintiff can show that (1) he is disabled; (2) he is otherwise qualified for the position with or without reasonable accommodation; (3) he […]

Disability Bias: Changing Employer Attitudes And Perceptions

I wrote a short post last week about a study highlighted in the recent New York Times article entitled “Study Using Fake Job Letters Exposes Bias Against Disabled.” I noted that the study “found a shockingly high rate of employment discrimination based upon disability – especially in companies not covered by the ADA. “

Some readers who reviewed the […]

So How Much Does A Discrimination Lawsuit Really Cost?

I have preached for years the benefits of preventive law – that is, preventing claims and lawsuits by employing best practices in the workplace.   Aside from the grief and distraction of such lawsuits, ever think about how much such a lawsuit might cost?  Probably — but not enough to take the necessary steps to prevent them, I would […]

“Beauty Bias” – Should Looks Be A Protected Category?

I thought about “beauty bias” or “lookism” this morning, topics which I have written a lot about with respect to employment discrimination, when I read a thought provoking essay in the New York Times today entitled “Being Dishonest About Ugliness.”

Julia Baird writes that “Adults often tangle themselves in knots when discussing physical appearance with children. We […]