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Category:Workplace Discrimination

Are Women-Only Networking Apps Protected by Law?

May 28, 2019 Minnie Che

Bumble, originally created as a dating app, launched a feature in 2017 that allows members to use the app for professional networking. Called Bumble Bizz, this feature just released a filter for a “women only” mode, where only female-identifying users can see each other’s profiles and match with one another for networking and recruiting. The […]

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

Apr 22, 2019 Sejal Singh

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 Homes v. EEOC, a ground-breaking case holding that Title VII prohibits discrimination against transgender workers, and […]

Supreme Court Grants Cert in Title VII Sexual Orientation and Gender Identity Cases

Apr 22, 2019 Adrienne Spiegel

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 prohibition on discrimination “because of sex” covers discrimination because of sexual orientation. Harris Funeral Homes […]

Criminal Background Checks and Disparate Impact: An Argument for Reform

Apr 22, 2019 Joe Ruckert

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 black and Latino—became ineligible for continued employment due to criminal offenses that had previously been overlooked. Amazon […]

Right to Career: Current Arguments in Japan

Apr 19, 2019 Yui Kosako

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 restructure the organization and cut down on […]

Eighth Circuit Considers Whether Title VII Prohibits Sexual Orientation Discrimination

Apr 18, 2019 Adrienne Spiegel

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 employee’s sexual orientation. The panel’s decision will have significant consequences for Mark Horton – the plaintiff, whose job […]

Targeted Advertising and Age Discrimination: An Explainer

Apr 11, 2019 Joe Ruckert

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 Craigslist). However, the massive numbers of social media users—approximately two billion on Facebook alone—also pose a […]

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

Apr 3, 2019 Heylee Bernstein

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 21 head coaches, and only two were black. Prompted by the study’s stark conclusions and wanting to […]

What’s Going on with the Ninth Circuit’s Title VII Joint Employer Test?

Mar 28, 2019 Hillary Black

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 employers, the EEOC could pursue claims against the growers based on the contractor’s alleged Title VII violations. […]

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

Mar 26, 2019 Samuel Estreicher

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 cases the court’s ruling must be based on a reasonable interpretation of the text. But a judge can […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Are Women-Only Networking Apps Protected by Law?

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

Supreme Court Grants Cert in Title VII Sexual Orientation and Gender Identity Cases

Criminal Background Checks and Disparate Impact: An Argument for Reform

Right to Career: Current Arguments in Japan

Eighth Circuit Considers Whether Title VII Prohibits Sexual Orientation Discrimination

Targeted Advertising and Age Discrimination: An Explainer

The Rooney and Mansfield Rules: Diversity Programs in Structurally Different Industries

What’s Going on with the Ninth Circuit’s Title VII Joint Employer Test?

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring