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Category:Workplace Discrimination

August 26, 2021
News & Commentary

William Greenlaw

Representatives from the People’s Parity Project have argued that President Biden’s bipartisan commission on Supreme Court reform is missing a key constituency: women and working people. They note that the vast majority of people testifying before the Commission have been professors teaching at elite law schools, and only a third have been women. A large […]

Demkovich: A “Constitutional Shelter” from Employment Discrimination Laws

Jul 13, 2021 Rachel Casper

On Friday, in Demkovich v. St. Andrew the Apostle Parish, the United States Court of Appeals for the Seventh Circuit held that the ministerial exception applied to a ministerial employee’s hostile work environment claims brought under Title VII and the ADA. The decision expands the ministerial exception beyond tangible employment actions and into the realm […]

Workplace Harassment and the Ministerial Exception

May 28, 2021 Rachel Casper

An in depth article on this topic by the author, titled “When Harassment at Work is Harassment at Church,” is forthcoming in The University of Pennsylvania Journal of Law & Social Change, Vol. 25, Issue 1 (2021). “Ministerial employee of a religious organization” sounds niche: an imam at a mosque, a pastor at a church, a […]

President Biden’s Next Move on the Contraceptive Mandate

Apr 21, 2021 Jenny Samuels

As a presidential candidate, Joe Biden pledged to undo numerous damaging Trump Administration polices and undertake efforts to bolster workers’ rights. While President Biden has made good on this assurance in several notable ways, his Administration has yet to fulfill one major campaign promise: to rescind the Trump Administration’s exemptions to the Affordable Care Act’s […]

Litigation Can Help Curb Algorithmic Discrimination in Hiring, Here’s How

Apr 7, 2021 Hannah Hilligoss

As described in my last post, employers who use algorithmic decision systems (ADSs) in hiring reify past prejudices and systemic discrimination while coating the process in a veneer of objectivity. More troubling, mathematician and social activist Cathy O’Neil predicts these systems will disparately impact already marginalized communities, writing, “the privileged” will be “processed more by […]

The Supreme Court’s Conversion on Religious Exemptions and the Future of Employment

Apr 5, 2021 Jenny Samuels

Employment relationships have long been a central battleground in conflicts over religious freedom. This should not come as a surprise: entering into an employment relationship necessarily entails both employers and employees ceding certain freedoms at the shop door. An employer must pay taxes, provide a wage and benefits, and abide by antidiscrimination law. An employee […]

What’s the Deal with Algorithmic Discrimination?

Mar 10, 2021 Hannah Hilligoss

It’s no secret that the hiring process is rife with bias and discrimination. Hiring personnel are only human, after all, and their personal biases lead to both unintentional and intentional discrimination. But what if hiring personnel weren’t human? What if we could replace them with objective, data-driven algorithmic assessments? No more bias! Or at least […]

Pumping the Breaks on Healthcare Workers’ Right of Religious Refusal

Mar 1, 2021 Jenny Samuels

Last month, the Biden Administration signaled that it’s going back to the drawing board on the Trump Administration’s “conscience” rule, which sought to give healthcare workers a nearly unfettered ability to refuse to take part in any activity they believed impinged on their religious or moral beliefs. Now that it has the opportunity, the Biden […]

Bostock’s Surprise Winner: Intersectional Age Claims

Feb 24, 2021 Maxwell Ulin

Susan, age 49, has a problem at the restaurant where she works. After waiting tables for years, she now faces termination after her boss deemed her and other older women servers “too old” to continue working there. At the same time, management has made no moves to fire older men waiters and continues to hire […]

Religious Employers Win Right to Discriminate Against Transgender Employees

Feb 18, 2021 Jenny Samuels

Should religious employers be able to discriminate against their transgender employees in the provision of health insurance? Recently, in Religious Sisters of Mercy v. Azar, a federal district court in North Dakota answered that question in the affirmative. The court held that this result was required by the Religious Freedom Restoration Act (RFRA), without acknowledging […]

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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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August 26, 2021

Demkovich: A “Constitutional Shelter” from Employment Discrimination Laws

Workplace Harassment and the Ministerial Exception

President Biden’s Next Move on the Contraceptive Mandate

Litigation Can Help Curb Algorithmic Discrimination in Hiring, Here’s How

The Supreme Court’s Conversion on Religious Exemptions and the Future of Employment

What’s the Deal with Algorithmic Discrimination?

Pumping the Breaks on Healthcare Workers’ Right of Religious Refusal

Bostock’s Surprise Winner: Intersectional Age Claims

Religious Employers Win Right to Discriminate Against Transgender Employees