Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding that Harvard’s admissions program, which used race as a factor in admissions, violated the Equal Protection Clause of the 14th Amendment.
Harassment prevention is still a top priority for federal agencies (which means it should be a priority for all employers). Last spring, we blogged about the EEOC’s guidance on this issue, and now the OFCCP has issued its own guidance, this time focusing on harassment in the construction industry.
There is nothing particularly
You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that “espouses, promotes, advances, inculcates, or compels” a certain set of beliefs regarding the treatment of individuals based on race
Recently, the Florida House and Senate passed Florida HB 7, also known as, Florida’s “Stop WOKE” bill. The soon-to-be Florida law will expand the language of Fla. Stat. Ann. § 760.10, to include the prohibiting of certain kinds of diversity, equity, and inclusion (DEI) training. Specifically, the bill provides that subjecting any individual to
The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on the frontline of battling the pandemic. Those positions include workers in grocery stores, healthcare, retail, delivery services and agriculture. The program will
In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So what’s next? Although there is no silver bullet, I suggest you start with the following three
Like every other employment lawyer in America, I have been giving a good bit of thought to #MeToo and what it means for my clients. Many (although certainly not all) of the stories under this hashtag are about unreported harassment—egregious behavior that people did not feel comfortable reporting. My clients want to hear about a
The EEOC’s fiscal year just ended and now it is releasing news of its successes. Although this is a look back, it gives us all insight as to what is important to the Commission and, perhaps, how we can stay off its radar. While the official report is being released today, here are some
Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a violation of her company’s social media policy. The company said that the image was “lewd” and “obscene.” The
Unless you have been living in a cave for the last month, you have heard about the sexual misconduct allegations against Hollywood mogul Harvey Weinstein. The story has all of the makings of a Hollywood blockbuster, except this time it’s not a movie. Here’s why it should also raise the curtain for employers outside of