The “ban-the-box” movement has grown across the United States. The purpose behind the movement is to encourage federal, state and local governments to enact employment laws to restrict or eliminate questions on employment applications asking applicants about their criminal history.
The Hot Employment Law Issue That You Can’t Ignore: “Which Bathroom?”
The calls from employers come into our office several times a week seeking legal advice about the use of bathrooms by transgender employees. It’s an issue that federal regulatory agencies and the U.S. Supreme Court are racing to address as transgender employees assert their rights. My advice to clients who own businesses may not be the easiest solution to enforce, but I believe it’s where the emerging laws on this topic will eventually settle.
An EEOC Subpoena Can Greatly Expand The Scope Of The Initial Discrimination Charge
In EEOC v. Aerotek, Inc., No. 15-1690, March 4, 2016, 7th Circuit, the EEOC filed suit against the employer and applied for an order to enforce the EEOC’s administrative subpoena against the employer (a temporary staffing agency). The EEOC had investigated the employer to assess the employer’s compliance with the ADEA. The EEOC sought information […]
To Have A Cause Of Action An Employee Has To Apply For The Position Into Which They Were Not Promoted.
In Jaburek v. Foxx, No. 15-2165, January 13, 2016, 7th Circuit, the employee filed a Title VII and Equal Pay Act claim alleging that her employer failed to promote her to the Program Analyst position that she was actually performing and for which she was receiving less pay than her male co-workers. The employee had […]
EEOC Rules That Workplace Sexual Orientation Discrimination Is Sex Discrimination Under Title VII Of The Civil Rights Act
On July 16, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a decision that discrimination on the basis of sexual orientation states a claim of discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964(Title VII). Title VII prohibits discrimination based on race, color, religion, sex, or national origin. […]