Information and guidance on every phase of employment
Most companies know that they can’t demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with CyberRisk Alliance VP of People Ying Wong to talk about the popular Netflix show Partner Track, workplace diversity, and unconscious bias.…
Continue Reading Unconscious Bias and Netflix’s Partner Track
Q. Have there been any updates since the federal court previously determined that the employer did not violate Title VII in prohibiting employees from wearing Black Lives Matter and other social justice attire to work?
A. Yes. In a prior blog post, we discussed companies taking various approaches toward employees wearing Black Lives Matter (BLM) attire to work during the pandemic. Some employers permitted such attire at work, while others did not. We also discussed a federal district court decision that addressed a novel issue — whether a claim under Title VII of the 1964 Civil Rights Act premised entirely on wearing BLM attire is legally cognizable.…
Q. How do I fight antisemitism in the workplace?
A. The recent headlines involving Ye, Kyrie Irving, Dave Chappelle, and others are just the latest in a string of highly disturbing antisemitic statements and incidents. In 2021, the Anti-Defamation League (ADL) recorded 2,717 antisemitic incidents throughout the United States — a 34% increase from 2020 and the highest number on record since ADL first began tracking antisemitic occurrences in 1979. As many as 1,496 antisemitic acts have been reported in this calendar year alone, ranging from the distribution of antisemitic propaganda to physical attacks against Jewish individuals to bomb threats.…
Continue Reading Combatting an Increase in Workplace Antisemitism
Q. Did the EEOC update its “EEO is the Law” poster?
A. Yes. On October 19, the U.S. Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which updates and replaces its former “EEOC is the Law” poster.…
Continue Reading EEOC Introduces New “Know Your Rights” Poster
Q: Have any courts addressed a company’s ability to regulate the type of masks that employees wear at work?
A: At the height of the pandemic and after the death of George Floyd in June 2020, many employers grappled with whether they could and should regulate the type of face masks worn in the workplace. The appellate courts for the First and Third circuits recently addressed this issue, reaching different conclusions. The First Circuit ruled that an employer is permitted to discipline employees for wearing Black Lives Matter (BLM) face masks in the workplace in violation of its dress code. In a Third Circuit decision, the court enjoined the employer from enforcing a dress code policy, banning employees from wearing BLM face coverings. The differences in outcome can be attributed mainly to the fact that the employer in the First Circuit case was a private employer, and the employer in the Third Circuit case was a public employer.…
Continue Reading BLM Messaging on Face Masks in the Workplace
In Episode 1 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with European Metal Recycling VP of People and Deputy General Counsel Kate Puccio to discuss the hit show Emily in Paris and the lessons learned about national origin based on events from the show. This episode blends pop culture and fashion into a discussion about important and contemporary legal issues in the workplace.
…
Continue Reading Lessons Learned on National Origin Discrimination from Emily in Paris
Q: What new employment laws impact Oregon employers?
A. The employment law landscape is shifting in Oregon, with this year’s legislative session bringing several noteworthy changes to the state’s employment laws. In this blog post, we explore some of the more significant changes passed in 2021 and forecast what may come our way in the months ahead.…
Q. My company wants to improve our hiring process to help avoid costly errors that may lead to potential discrimination claims. What best hiring practices do you recommend?
A. Hiring new employees — whether high school and college students looking for part-time work or recent graduates entering the workforce — can be challenging. One possible risk is that a job applicant could claim unlawful discrimination based on your decision not to hire that applicant, even if the claim is not valid. We offer the following helpful tips to consider as you conduct the hiring process:…
Continue Reading Hiring Best Practices to Avoid Potential Discrimination Claims
Q: What are the risks to a company when making a public statement about ongoing employment litigation?
A: A federal judge in Washington, DC recently allowed a pair of married former law firm associates, suing the firm for sex discrimination, to add retaliation claims to their lawsuit for allegedly “false and malicious” statements the firm made about them in an August 2019 press release. See Savignac, et al v. Jones Day, et al, U.S. District Court for the District of Columbia, No. 19-cv-02443.
By way of background, plaintiffs Julia Sheketoff and Mark Savignac sued Jones Day over a parental leave policy they claimed illegally discriminates against men by offering biological mothers eight more weeks of leave than biological fathers. They also accused the firm of firing Savignac because he challenged the firm’s policy and underpaying Sheketoff because of her sex. After they filed the highly publicized lawsuit in August 2019, the firm circulated a press release about the lawsuit.
Continue Reading A Company’s Press Release May Be Used Against It In Employee’s Retaliation Litigation
Q: Have there been any court rulings on whether companies can limit employees from wearing Black Lives Matter and other social justice attire to work?
A: Yes. During this pandemic and the political and social unrest underlying the Black Lives Matter (BLM) movement, many employees have come to work wearing BLM masks and other attire. Some companies initially banned all BLM attire on the grounds that it could alienate prospective customers with differing opinions, lead to misunderstandings, and incite workplace violence. However, they later changed their decision in light of public backlash. Others continued to ban BLM masks and other attire by relying on companywide dress code policies that prohibit employees from wearing masks and clothing with any visible slogans or messages unrelated to the company. These workplace policies recently came under fire when a group of employees filed a class-action lawsuit against a grocery chain, alleging unlawful discrimination and retaliation for wearing BLM attire.
Specifically, the workers alleged that the employer rarely enforced its dress code policy and that it did not prohibit workers in the past from wearing clothing with messaging unrelated to the company, such as Pride pins or apparel supporting LGBTQ+ workers and even a SpongeBob SquarePants mask. According to the workers, the employer selectively enforced its policy to target and suppress BLM messaging, and, thus, discriminated against Black employees and others associating with and advocating for Black employees in violation of Title VII of the 1964 Civil Rights Act. The workers also alleged they were retaliated against for continuing to wear BLM apparel and protesting the dress code policy.
Continue Reading Federal District Court Found That Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire
In addition to cookies that are necessary for website operation, this website uses cookies and other tracking tools for various purposes, including to provide enhanced functionality and measure website performance. To learn more about our information practices, please visit our Privacy Notice.
