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Workplace Discrimination

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SCOTUS Weighing LGBTQ Workers’ Rights: What’s At Risk

Published April 22nd, 2019 -

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 »

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Right to Career: Current Arguments in Japan

Published April 19th, 2019 -

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 »

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Targeted Advertising and Age Discrimination: An Explainer

Published April 11th, 2019 -

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 »

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Religious Freedom for All, and Accommodation for Some

Published March 15th, 2019 -

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 »

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Major Equal Pay Act Case Vacated by Supreme Court

Published February 25th, 2019 -

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 »

 

Weekend News & Commentary — August 25–26, 2018

Published August 26th, 2018 -

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 »