Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating be the basis for a claim of pretext in an employment discrimination claim? The Seventh Circuit appears to say

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which certain violations earn an employee points that are reflected in their personnel record. Once an employee reaches a certain level of points

Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC reached a settlement on claims filed in 2018 and 2019, which alleged that Frontier discriminates

First and foremost, happy holidays. The Bradley team wishes you all a joyous and restful holiday season. Also, thank you to everyone who joined in for the Fourth Quarter Breakfast with Bradley. For those of you who missed it, we talked about ways to improve mental health in the workplace. You can find the recording

The Equal Employment Opportunity Commission recently introduced proposed enforcement guidance aimed at further clarifying and strengthening measures against harassment in the workplace. The 144-page guidance outlines strategies and policies the EEOC believes are necessary to prevent and address workplace harassment based on any protected status (i.e., race, gender, national origin, disability, religion, age, and genetic

Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming enforcement strategies.

Goal 1: Remedy employment discrimination and obtain relief for victims of discrimination

The

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an adverse action under Title VII, you look to only “ultimate” decisions (e.g., hiring, termination, non-promotion). The landscape has just changed. In

Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the workforce in the warehouse is only men or only women? In Sharp, et al., v. S&S Activewear, Inc., the Ninth

Meaghan Pickles is a co-author of this post and is a Summer Associate at Bradley.

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many

Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a sheriff’s department in Texas with a scheduling policy that was clearly based on gender. At that time