An employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – may violate federal civil rights law in some situations if it’s based on discriminatory reasons. According to a SCOTUS...more
4/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more
1/18/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Corporate Counsel ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
10/9/2023
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Certiorari ,
Chevron Deference ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Hiring ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
When is a job transfer not just a transfer? The Supreme Court will soon decide whether lateral job transfers, with no change in pay or benefits, violates federal civil rights law if done for discriminatory reasons. Read on...more
The federal agency charged with enforcing the nation’s main workplace discrimination laws just announced that it recovered over $535 million from employers on behalf of aggrieved workers and applicants this past fiscal year,...more
The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more
12/18/2019
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Title VII
Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more
10/7/2019
/ ADEA ,
Age Discrimination ,
But For Causation ,
DACA ,
Department of Homeland Security (DHS) ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
Race Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Statute of Limitations ,
Title VII ,
Transgender ,
Trump Administration