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Category:Workplace Discrimination

Criminal Records Exclusion, “Rational Discrimination,” and Ban the Box

Jul 22, 2020 Noah Zatz

It is now well understood that employers discriminate against applicants with criminal records, but less is known about why they do so. This question is critical to designing appropriate laws and policies. New research shedding light on this issue has recently been published in Criminology and an accompanying policy brief. With my co-authors Naomi Sugie […]

Commentary Round-up: Bostock v. Clayton County

Jun 16, 2020 Jared Odessky and Leigh Thomas

“The Supreme Court’s decision on Monday outlawing anti-LGBTQ employment discrimination is a triumph for both the country and the [C]ourt,” wrote Slate’s Mark Joseph Stern. “It is a victory for the country because, in one fell swoop, [t]he [C]ourt granted vital protections to LGBTQ people in every state . . . . It is a […]

Opinion Summary: Bostock v. Clayton County

Jun 15, 2020 Leigh Thomas and Jared Odessky

Today, the Supreme Court held that Title VII prohibits workplace discrimination on the basis of sexual orientation and gender identity. The decision is an historic victory for LGBTQ advocates, arriving more than 45 years after the introduction of the first bill in Congress aimed at protecting LGBTQ workers. It also comes as the Trump administration […]

In 6-3 Vote, Supreme Court Holds Title VII Applies to Discrimination Based on Sexual Orientation and Gender Identity

Jun 15, 2020 Benjamin Sachs

The Court's opinion is here. We will have an opinion review shortly and a complete news roundup tomorrow.

Employee Resource Groups Can Advance Workplace Equality. Should They Be Illegal?

Mar 22, 2020 Jared Odessky

Nearly sixty years after the enactment of Title VII, discrimination still pervades the American workplace. Meanwhile, white men continue to dominate the ranks of corporate management. To address (or to give the appearance of addressing) their lackluster workplace diversity, companies have increasingly turned to employee resource groups (ERGs). ERGs are internal organizations that serve to […]

Fighting Workplace Hairstyle Discrimination: An Explainer

Mar 12, 2020 Alisha Jarwala

In 2010, Chastity Jones applied for a customer service job at Catastrophe Management Solutions. Jones, who is African American, was selected for an interview, and she arrived at the office dressed in a business suit and wearing her hair in short dreadlocks. Jones was hired. Minutes later, her job offer was rescinded after she refused […]

No One is Asking the Court to Act Like a Legislature in Bostock and Harris

Oct 17, 2019 Andrew Strom

During the oral arguments in Bostock v. Clayton County and R&G and G&R Harris Funeral Homes v. EEOC, Justices Alito and Gorsuch gave credence to the contention that the Court would be acting as a legislative body if it ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination. […]

Storm Clouds on the Horizon

Aug 12, 2019 Jonathan R. Harkavy

The upcoming Supreme Court term is already brimming with consequential employment law issues on its argument docket. But fair warning: There is little promise that the Court’s treatment of these issues will advance the cause of workplace justice or please current and retired working people. Indeed, the anodyne term just ended may have been a […]

Addressing Racial Exclusion Through Sectoral Bargaining

Jul 23, 2019 Christine Blumauer

In the recent conversation between Veena Dubal and Benjamin Sachs and Sharon Block, there is solid agreement around the need to grant collective bargaining rights to platform workers. Yet the right way to get there is subject of intense debate. However, underneath this debate, lies a more fundamental question: what do collective bargaining rights, set […]

Sleeping to the Top: Recognizing a Sex-Based Stereotype

Jul 8, 2019 Amy Maurer

In February, the Fourth Circuit ruled on Parker v. Reema Consulting Services., holding that rumors in the workplace that a female manager received a series of promotions because she was sleeping with a male manager constituted sexual harassment under Title VII. The court based this ruling on the finding that there exists a persistent and […]

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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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Criminal Records Exclusion, “Rational Discrimination,” and Ban the Box

Commentary Round-up: Bostock v. Clayton County

Opinion Summary: Bostock v. Clayton County

In 6-3 Vote, Supreme Court Holds Title VII Applies to Discrimination Based on Sexual Orientation and Gender Identity

Employee Resource Groups Can Advance Workplace Equality. Should They Be Illegal?

Fighting Workplace Hairstyle Discrimination: An Explainer

No One is Asking the Court to Act Like a Legislature in Bostock and Harris

Storm Clouds on the Horizon

Addressing Racial Exclusion Through Sectoral Bargaining

Sleeping to the Top: Recognizing a Sex-Based Stereotype