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Workplace Discrimination

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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 »

 

Today’s News & Commentary — June 29, 2018

Published June 29th, 2018 -

In Chicago, the U.S. District Court for the Northern District of Illinois ruled in favor of sandwich  franchise Jimmy John’s, who argued that the company cannot be liable for the FLSA violations of its individual restaurants.  Jimmy John’s may control mayonnai... More »

May 21st, 2018

Today’s News & Commentary — May 21, 2018

Published May 21st, 2018 -

The Editorial Board of the New York Daily News yesterday drew attention to what has been a repeated “pilgrimage” in a stymied search for equal rights and fair treatment: the yearly trip of “some of New York State’s 100,000 field hands to the Capitol” to ask fo... More »

May 20th, 2018

Weekend News & Commentary — May 19–20, 2018

Published May 20th, 2018 -

Cornell University violated the National Labor Relations Act in March of 2017, but Cornell Graduate Students United (CGSU) will not receive a unionization revote, an independent arbitrator ruled last week.  In an email sent twenty-four hours prior to the elect... More »

May 6th, 2018

Weekend News & Commentary — May 5–6, 2018

Published May 6th, 2018 -

Immigrations and Customs Enforcement Acting Director Thomas Homan is retiring in June, but continues to escalate worksite enforcement efforts. Homan appears to be delivering on his promise last fall to oversee a four or fivefold rise in rates of workplace immi... More »

April 20th, 2018

Today’s News & Commentary — April 20, 2018

Published April 20th, 2018 -

Uber whistleblower Susan Fowler announced a groundbreaking bill in the California legislature to end the use of forced arbitration to cover up workplace sexual harassment. AB-3080 would prohibit employers from requiring workers or prospective employees to sign... More »

April 18th, 2018

Today’s News & Commentary — April 18, 2018

Published April 18th, 2018 -

Arizona teachers began voting on whether to strike on Tuesday afternoon.  While Republican Governor Doug Ducey has agreed to a 20% pay raise for teachers by 2020, many teachers have criticized the plan for not including pay raises for support staff and for fai... More »

 

Pay Equity in Massachusetts

Published April 10th, 2018 -

Today we recognize Equal Pay Day, symbolizing how far into the current year the average woman has to work to earn as much as her male colleagues in the prior year. Thanks to persistent gender wage gaps and gender discrimination, women in Massachusetts still on... More »