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The Latest Breaking News from EEOC

Five Decades From Hardison to Groff

How could all of those courts get Hardison so wrong?

Reason

S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules

The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.

Reason

Court exempts a Texas company from following anti-discrimination law protecting LGBTQ+ workers

A federal appeals court says a government agency cannot enforce anti-LGBTQ+ discrimination employment rules against a Texas company owned by a conservative Christian

The Independent UK

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What Do Gadsden Flags and Pride Flags Have in Common?

Sexual minorities aren't the only ones who love to wave identity flags.

Reason

FedEx hit with $2 million jury award to deaf worker claiming supervisors yelled, spit on him

Younes Mchaar transferred from his FedEx package-handler job in Virginia to a similar position in San Jose, California, hoping to leave behind the disability discrimination he experienced at work as a deaf person. Instead, he found more of the same, and worse: Managers mocked him, yelled at him, and one…

Tribune News Service

EEOC to employers: You're responsible for A.I. discrimination in hiring

The EEOC issues guidance on A.I. use in hiring, firing, and promotions.

Fortune

Check your artificial intelligence 'bossware' tools for bias, says U.S. agency head

The head of the U.S. agency charged with enforcing civil rights in the workplace says artificial intelligence-driven “bossware” tools that closely track the whereabouts, keystrokes and productivity of workers can also run afoul of discrimination laws

The Independent UK

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What to know about the EEOC’s latest workplace harassment guidelines

The EEOC released updated recommendations to prevent workplace harassment in the federal sector.

Fortune

No Pseudonymity in Employment Lawsuit Claiming Discrimination Based on Past Opiate Addiction

From yesterday's decision by Magistrate Judge Barbara Moses (S.D.N.Y.) in Doe v. Black Diamond Capital Mgmt. LLC: Now before the Court is the motion of plaintiff "John Doe" for an order granting leave to proceed under a pseudonym, or in the alternative, to seal his complaint. {[H]is brief does not…

Reason

The Overlooked Meaning of "Undue Hardship" in Title VII

This is the second of two posts explaining my recent article, Ordinary Meaning as Last Resort: The Meaning of "Undue Hardship" in Title VII. In the first post I attempted to show that a comprehensive look at the Court's statutory interpretation cases show that the presumption of ordinary meaning is…

Reason

Exxon Mobil sued as 5 nooses displayed at Louisiana facility

The U.S. government says Exxon Mobil violated federal law for failing to take sufficient action as five hangman's nooses were displayed at a facility in Baton Rouge, Louisiana

The Independent UK

A U.S. federal agency is suing Exxon after 5 nooses were found at a Louisiana complex

The U.S. Equal Employment Opportunity Commission filed a lawsuit against ExxonMobil saying the company failed to take action to prevent a racially hostile work environment.

WEKU

Exxon sued by US after five nooses found at Louisiana plant

The U.S. government sued Exxon Mobil Corp. for racial discrimination against a Black employee after the company allegedly failed to adequately respond to the appearance of five hangman’s nooses at a Louisiana petrochemical plant over several years.

Tribune News Service

Can bots discriminate? It's a big question as companies use AI for hiring

The Equal Employment Opportunity Commission says artificial intelligence-based hiring tools may be creating discriminatory barriers to jobs. The agency is asking for input as it considers guardrails.

WEKU

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The Independent UK

McDonald’s franchise to pay almost $2m to settle allegations teenage workers suffered sexual harassment

Court documents state 54-year-old chef alleged to have sexually harassed 17-year-old employee on nearly daily basis daily

Reason

EEOC Sues Over Employer's Refusing Religious Exemption from Flu Vaccine Requirements

From this press release sent out last Friday (see also the Complaint): Children's Healthcare of Atlanta (CHOA), a pediatric healthcare system in Georgia, violated federal law when it fired a maintenance assistant for requesting a religious exemption to its influenza vaccination policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged…

Tribune News Service

Federal judge hands Texas a win in lawsuit over protections for gay, transgender workers

DALLAS — A federal judge in Texas has ruled that employment protections for gay and transgender workers do not extend to policies regarding dress codes, preferred pronouns or bathroom usage.

Benzinga

Elon Musk Twitter Case Deposition Delayed, FTX US Goes Shopping, Spotify's Analyst Sees Audiobooks Immaterial: Top Financial Media Stories Tuesday, Sept. 27

Bloomberg

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Sports Illustrated

Legal Complaint Around Student Athlete Compensation Takes ‘Aggressive’ Next Step

The U.S. Equal Employment Opportunity Commission could soon begin what one legal expert describes as an “aggressive investigation” into whether unpaid college athletes are being discriminated against because they are not fairly compensated.

Reason

Malicious Prosecution Claim Against DHS Agents Can Go Forward

From Myles v. U.S., decided Friday by the Ninth Circuit (Judge Marsha Berzon, joined by Judge Carlos Bea and District Judge Richard Bennett), here is the court's summary of the procedural history and of plaintiff's allegations: After she was discharged from her position as an Immigration and Customs Enforcement ……

Los Angeles Times

In California's largest race bias cases, Latino workers are accused of abusing Black colleagues

Nearly every day, the onetime Ontario, California, warehouse employee said, he was stunned to hear racist slurs from Latino co-workers.

The Independent UK

Disqualified for disabilities, railroad workers fight back

Union Pacific has already lost three lawsuits over the way it removes employees with health conditions because of safety concerns, and the prospect of hundreds more lawsuits looms over the railroad

The Independent UK

US says SkyWest employee subjected to sexual harassment

Federal officials are suing SkyWest Airlines on behalf of a former employee who says she was subjected to sexual harassment by co-workers, included asking her for sex and making explicit comments about rape in her presence

Reason

Religious Accommodation Claim Over Objections to Having to Wear Multi-Colored Heart Symbol Can Go to Trial

From Judge Lee Rudofsky's opinion Thursday in EEOC v. Kroger Ltd. Partnership I (E.D. Ark. June 23, 2022): This case arises from Kroger's termination of two employees. The Equal Employment Opportunity Commission alleges that these terminations amount to religious discrimination and retaliation in violation of Title VII of the Civil…

WEKU

U.S. warns of discrimination in using artificial intelligence to screen job candidates

The federal government tells employers that the commonly used hiring tools could violate civil rights laws by discriminating against people with disabilities.

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