Employers tend to dismiss job applications where the “box”—indicating that an applicant has a criminal history—is checked, making it incredibly difficult for ex-offenders to obtain employment. Ban the Box legislation aims to give ex-offenders a fair chance at... More »
Sachin S. Pandya is Professor of Law at the University of Connecticut. When does paying workers via tips count as illegal employment discrimination? Arguments against tip compensation–around for a while (e.g., Scott, 1916)—re-emerged last month (e... More »
Over three months ago, the Supreme Court heard oral argument in the case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. The issue was whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for ref... More »
The Supreme Court has ruled, 6-3, in favor of Peggy Young in this Term’s major PDA case, Young v. UPS. As the NYT reports, the Court adopted the “middle ground” approach that Justice Kagan elaborated during oral argument. We will have a mor... More »
Catherine Fisk is the Chancellor’s Professor of Law at University of California, Irvine. The Supreme Court’s ruling in Burwell v. Hobby Lobby, 134 S. Ct. 2751 (2014), opens the door to employers claiming that the Religious Freedom Restoration Act grants them t... More »
Jessica Bergin is a student at Harvard Law. This term, the Supreme Court will consider Peggy Young’s allegation that her employer engaged in pregnancy discrimination in violation of the Pregnancy Discrimination Act. Young became pregnant while she was employe... More »
On Sept. 17, the House Education and the Workforce Committee’s Subcommittee on Workforce Protections held a hearing to examine H.R. 4959, “EEOC Transparency and Accountability Act,” H.R. 5422, “Litigation Oversight Act of 2014,” and H.R. 5423, “Certainty... More »
On Tuesday, June 10, the House Subcommittee on Workforce Protections, chaired by Rep. Tim Walberg (R-MI), held a hearing entitled “The Regulatory and Enforcement Actions of EEOC: Examining the Concerns of Stakeholders.” The hearing will provide members an opp... More »
On April 26, 2014, the Senate Committee on Health, Education, Labor, and Pensions held a roundtable discussion entitled “Economic Security for Working Women.” In his opening statement, Chairman Senator Tom Harkin (D-IA) stated that “Too many... More »
On March 12, the U.S. Equal Employment Opportunity Commission (EEOC) held a public meeting that according to EEOC Chair Jacqueline A. Berrien “helped the EEOC understand how social media is being used in the employment context and what impact it may have on th... More »
In October of 2013, New York City enacted the Pregnant Workers Fairness Act (Act). Under the new law, most employers in New York City must provide reasonable accommodations for pregnant workers. This post will explain what the Act accomplishes, why it was nece... More »
On November 7, the United States Senate passed the Employment Non-Discrimination Act of 2013 (ENDA) in a bipartisan vote of 64 – 32. The bill protects individuals from discrimination in employment, including hiring and firing decisions, and compensation ... More »