On July 26, 2022, Massachusetts Governor Charlie Baker signed into law the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits discrimination based on natural and protective hairstyles in the workplace, public schools, and places of public accommodation (such as hotels and restaurants). The Act amends Massachusetts’ existing anti-discrimination laws, adding
Lessons Learned from the Latest NFL Scandal: Does the Downfall of Jon Gruden Teach Us Anything New?
Again, one of the mighty has fallen. Super Bowl winner, ESPN commentator, and the highest paid coach in the NFL follows the path of Harvey Weinstein, Matt Lauer, Andrew Cuomo and so many others in losing his job, his reputation, and probably his career due to abhorrent behavior which remained under wraps for years. The downfall came after the Wall Street Journal leaked an email from 2011 wherein Gruden referred to the executive director of the NFL Players’ Association, an African American, with an insulting racial slur while communicating with an NFL team executive.
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EEOC Issues Proposed Updated Compliance Manual on Religious Discrimination
On November 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) published a proposed update to its 2008 guidance on religious discrimination in the workplace. The five member commission voted 3-2 to issue the proposed guidance with the two democratic members objecting. The proposed guidance can be accessed here.
Although the guidance has not been updated in 12 years, it is likely that this proposal in the waning days of the Trump administration, came at least in part due to recent religious liberty cases issued by the US Supreme Court. Most recently, the case of Our Lady of Guadalupe School v. Morrissey-Berru, held that the “ministerial exception” under the religion clauses of the First Amendment which bars ministers from suing churches and other religious institutions for employment discrimination precluded cases filed by certain Catholic school teachers. Although the teachers were not ordained ministers, the schools had argued that the exception nonetheless applied because they played a key role in teaching religion to their students. The Court, in a 7-2 vote, agreed.…
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US Supreme Court Rules That Title VII Protects Gay and Transgender Employees
Soon the name Bostock will join those of Brown (v. Board of Education of Topeka, Kansas), Miranda (v. Arizona) and Obergefell (v. Hodges) in the annals of US Supreme Court history as the Court on June 15, 2020 issued its decision in the case of Bostock v. Clayton County, Georgia. The court decided in an opinion incorporating a trio of cases asking whether Title VII prohibits employment discrimination based on lesbian, gay, bisexual and transgender (LGBT) status. The Court concluded in a 6-3 opinion that an employer who fires a worker for being gay or transgender violates Title VII of the Civil Rights Act of 1964.
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US Supreme Court Will Decide Whether Sexual Orientation and Transgender Employees Are Protected Under Title VII
The US Supreme Court recently announced it accepted three cases that will determine the scope of “sex” discrimination under federal law. Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful for employers to discriminate against employees on the…
Will Massachusetts Outlaw Discrimination Based on Height and Weight?
A bill recently filed in the Massachusetts House of Representatives, if passed, would prohibit discrimination on the basis of height and weight. The proposed legislation would add height and weight to the list of protected classes covered by the Commonwealth’s antidiscrimination law (G.L. Chapter 151B) and public accommodation laws (G.L. Chapter 272, Sections 92A and 98).
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The Most Famous Elementary School Art Teacher in the United States and What She Has to Teach us About Discrimination
In the United States, certain religious schools are legally permitted to limit or discontinue student enrollment if:
the atmosphere or conduct within a particular home, the activities of a parent or guardian, or the activities of the student are counter to, or are in opposition to, the biblical lifestyle the school teaches. This includes, but is not limited to contumacious behavior, divisive conduct, and participating in, supporting, or condoning sexual immorality, homosexual activity or bi-sexual activity, promoting such practices, or being unable to support the moral principles of the school. (Lev. 20:13 and Romans 1:27.)
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Estee Lauder Agrees to Pay $1.1 Million to Settle Discrimination Suit Filed by EEOC on Behalf of New Dads
On March 5, 2018 I reported that the EEOC announced a settlement in its first lawsuit alleging that parental leave policies which granted more rights to mothers discriminated against new fathers. Details on the lawsuit’s allegations can be found here. The EEOC’s press release was devoid of details about the terms of the settlement. On July 17, the details became public, and they are likely to send shock waves through HR departments and C suites. …
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EEOC Settles Paternity Leave Case: Will Dads Be Getting Equal Time?
The EEOC announced on February 27, 2018 that it had reached a settlement in the agency’s first lawsuit alleging that parental leave policies which granted more rights to mothers discriminated against new fathers. Details of the settlement were not announced.…
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More Fathers Are Complaining About Discrimination In The Workplace
This week, The Boston Globe reported on a growing trend in the nation’s workplaces: more and more fathers are complaining that they are experiencing discrimination in the workplace because of their family obligations.…
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