This morning, the Supreme Court granted cert. in three cases asking whether Title VII of the Civil Rights Act’s prohibition on workplace discrimination based on sex also prohibits discrimination against LGBTQ workers. The Court granted cert. in Harris Funeral ... More »
This morning the Supreme Court granted certiorari in three cases: Bostock v. Clayton County; Altitude Express, Inc. v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC. Bostock and Zarda are consolidated and present the question whether Title VII’s proh... More »
Amazon is currently defending itself in a class action alleging racial discrimination. In 2016, the company implemented a stricter background check policy for subcontracted delivery drivers. As a result of the change, several existing drivers—many of whom were... More »
He used to be a section chief, one of managerial positions, at the Tokyo branch of the Bank of America (“BoA”). He had been working there for more than 30 years. However, due to a drop in revenue at the branch, BoA formulated a new management policy to restr... More »
On Wednesday a three-judge panel of the Eighth Circuit heard oral argument in Horton v. Midwest Geriatric Management, LLC. The case concerns whether Title VII’s prohibition on employment discrimination “because of sex” prohibits discrimination because of an em... More »
In the age of social media, traditional help-wanted ads have become obsolete. Employers can reach more applicants by advertising for open positions on sites like Facebook than they ever could through newspapers, or even their digital equivalents (such as Craig... More »
In 2002, civil rights attorneys commissioned a study regarding minority NFL coaches. The study concluded black coaches outperformed white coaches in virtually every objective criterion, and had better records when fired. Between 2000 and 2002, NFL teams hired ... More »
In February, the Ninth Circuit held that two Washington State fruit growers could face Title VII liability for their labor contractor’s discrimination against H-2A temporary workers. The court reasoned that because the growers and the contractor were joint emp... More »
Textualism in statutory interpretation is a good thing because, as the late Justice Antonin Scalia repeatedly and wisely cautioned, legislators vote on text, not diffuse emanations of policy discernible only to (certain) judges and academics; in statutory case... More »
Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on religion. With respect to religion, 42 USC 2000e(j) requires an employer to “reasonably accommodate” an employee’s beliefs and practices. But while an employer will alway... More »
Shortly before he died, Judge Stephen Reinhardt authored an en banc opinion for the ninth circuit in Rizo v. Yovino. The decision was groundbreaking, holding that employers could not justify salary differentials between men and women on the basis of prior sala... More »
On Saturday, Judge Ketanji Brown Jackson for the U.S. District Court for the District of Columbia rejected a series of President Trump’s executive orders. Jackson ruled that boosting federal agencies’ firing rights would deny collective bargaining rights for ... More »