» discrimination

EEOC prosecutes cutting-edge civil rights case to combat alleged hostile work environment for transgender employees

In Bostock v. Clayton County, the United States Supreme Court ruled that disparate treatment of employees because of their transgender status or sexual orientation violates the Title VII prohibition against discrimination because of sex. In the wake… Read More

DOL enforcement continues to move in progressive direction

The United States Department of Labor (DOL) recently issued an agency rule that rescinds the approach adopted under the prior Federal administration. The previous Federal administration’s practice permitted Federal contractors to use religious fait… Read More

Federal enforcement agencies crack down on employer use of artificial intelligence

The General Counsel for the National Labor Relations Board (“NLRB”) recently issued a directive that employers cease illegal automated management practices and electronic surveillance. This is an important development because the COVID-19 pandemi… Read More

DOL increases efforts to combat exploitation of employees with disabilities

The United States Department of Labor (“DOL”) recently issued new guidance regarding the enforcement of the Federal Fair Labor Standards Act (“FLSA”) in relation to the Rehabilitation Act. Section 14(c) of the FLSA allows employers to pay les… Read More

The way ahead in 2022

As a turbulent 2021 comes to a close, the uncertainty persisting throughout much of year appears likely to continue in 2022. Regarding labor & employment law and civil rights, in particular, various factors make it difficult to predict with preci… Read More

Despite repeated examples of deadly police misconduct, the Supreme Court strengthens defense for police in misconduct cases

The United States Supreme Court adopted the defense of qualified immunity many years ago to prevent public employees from being sued successfully for what they do (or do not do) in the line of duty. This defense turns on the idea that public servants… Read More

EEOC steps up to address the pandemic’s impact

The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl… Read More

Government policy and employer practice have suppressed employee compensation for decades

The Economic Policy Institute recently published a study that carefully evaluates the experience of employees over the past several decades to determine why employee compensation has remained stagnant while employee productivity has continued to incr… Read More

As the pandemic continues, so do the work-related disparities

A recent Gallup survey examined how the ongoing pandemic has affected work opportunities in the past year. Like other aspects of life, the pandemic has increased and aggravated existing inequalities when it comes to employment-related matters. For ex… Read More

State attorneys general step up and expand enforcement efforts

In multiple ways since January 2017, as has been discussed here previously, the politically appointed leadership at the United States Department of Labor, the United States Equal Employment Opportunity Commission, the National Labor Relations Board,… Read More