Refusing to serve a patron is a hot topic right now, and it is not something any employer should take lightly. When recently asked about this issue by Thomson Reuters, partner Seth Ford and staff attorney Matt Anderson outlined the do’s and don’ts for a refusal of service policy.
Discrimination and Harassment
Who Are You?: The Legal Implications of Employee Personality Testing
Many employers require employees and applicants to take personality testing (think Myers-Briggs). Others are seriously considering adding this as a component of their hiring and employee engagement efforts. Companies want to get a sense of an individual’s opinions, attitudes, feelings, motivations, preferences, interests, emotional makeup, and style of interacting with…
From Above The Law: Second Circuit Says Sexual Orientation Is Protected Under Title VII
By Evan Gibbs & Rebecca Silk on
Posted in Discrimination and Harassment
Reversing itself, the Second Circuit held on Monday, February 26, that sexual orientation discrimination is discrimination “because of . . . sex” under Title VII in Zarda v. Altitude Express. The Second Circuit’s decision aligns it with the Seventh Circuit and places it squarely at odds with the Eleventh…
Does Your Workplace Need A “Hands Off Pants On” Rule?
By Evan Pontz on
Posted in Discrimination and Harassment, Employment Laws
Late last year, to protect hospitality workers from sexual harassment and assault, the Chicago City Council passed what is known as the “Hands Off Pants On” ordinance. This legislation requires all Chicago hotels to:
- provide a “panic button” for employees working alone;
- adopt an effective anti-sexual harassment policy; and
- face
…
Potential Discrimination Through Social Media Ads
In today’s internet-driven world, employers have never had more options from which to recruit new hires. Sites like Zip Recruiter, Monster.com, and Career Builder specialize in talent acquisition, serving as stand-alone classified pages of sorts. Employers also can utilize ever-present social media channels, like Facebook and LinkedIn, to find the…
Sexual Harassment Is Not Just A Hollywood Problem
By Evan Pontz & Matt Anderson on
Last month The New Yorker published a story detailing years of claimed sexual harassment and misconduct by Hollywood producer Harvey Weinstein. Since then, it seems that every day features new allegations of similarly inappropriate behavior by public figures, from actors, to authors, to public radio executives. It is unclear whether…
California’s Statewide “Ban-The-Box” Law To Go Into Effect January 2018
California companies with five or more employees are subject to new legislation that prohibits criminal background screenings prior to a conditional offer of employment. This legislation also prohibits requesting information about criminal history on an application or at a preliminary point in the hiring process. Affected employers should carefully review…
Two Bulls in a China Shop: The EEOC and the DOJ
By Evan Gibbs on
Posted in Discrimination and Harassment, Employment Laws
United States executive agencies are practically always on the same page when presenting to the public. So, it is incredibly unusual to see two such agencies taking positions directly contrary to one another in pending litigation. This, however, is exactly the current situation between the U.S. Department of Justice (DOJ),…
Handling An Employee Who Won’t Shake Hands For Religious Reasons
By Evan Gibbs on
Posted in Discrimination and Harassment, Employment Laws
Religious issues in the workplace are challenging both from a legal and practical standpoint. Managers and HR professionals want employees to feel accepted and included, and they don’t want anyone to feel targeted or mistreated based on their religious beliefs or practices. Problems can arise, however, where an employee’s religious practices interfere with the employee’s job or professional interactions. How do you accommodate the employee’s beliefs while also ensuring that the employee meets the job’s requirements?
What Does The Landmark Ruling Declaring Sexual Orientation Discrimination Illegal Under Title VII Really Mean?
By Matt Anderson on
Posted in Discrimination and Harassment
On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals became the first Federal Appellate Court to hold that Title VII of the Civil Rights Act of 1964 protects discrimination on the basis of sexual orientation. While some states have already enacted laws protecting against that type of discrimination, and many employers have added such protections into company equal employment opportunity policies, this marks the first time sexual orientation has been deemed protected at this level under the federal Civil Rights Act.