Just over a year ago, on June 15, 2020, the U.S. Supreme Court handed down a decision making it unequivocally clear that under federal law employers cannot discriminate based on the sexual orientation or transgender status of an employee or prospective employee. It is impossible, Justice Gorsuch wrote in Bostock v. Clayton County, “to discriminate against a person for being homosexual or transgender without discriminating against that … [Read more...]
What Changes Should We Expect in Employment Law Under the Biden Administration?
As we near the end of President Biden’s first 100 days in office, there have already been a number of policy changes that impact employees, including the extension of unemployment benefits under the recent $1.9 trillion stimulus package and the proposed withdrawal of the previous administration’s rule broadening the definition of independent contractors under the Fair Labor Standards Act. In the coming months and years, expect to see more changes … [Read more...]
Why Can Discrimination Make Job-Hunting In Minnesota Difficult?
Discrimination in the hiring process is illegal in Minnesota. Under the Minnesota Human Rights Act and Title VII of the Civil Rights Act of 1964, prospective employers cannot discriminate against an applicant because of his or her race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. Nonetheless, discrimination can and does still … [Read more...]
What to do if You’re Experiencing Workplace Bullying, Harassment, or Discrimination?
Bullying and harassment in the workplace are issues for a significant number of employees, with surveys revealing incidence rates between 9.4% and 28% for U.S. workers. Bullying may occur between co-workers or between a manager and a subordinate. Bullying may include repetitive and frequent harassing behavior such as derogatory remarks, verbal or physical threats, humiliating or demeaning insults, intimidation tactics, inappropriate jokes at … [Read more...]
Proving Promotion and Hiring Discrimination
Discrimination litigation typically involves challenges to termination decisions, harassment/hostile work environments, or compensation decisions. There are far fewer reported cases alleging discrimination in promotion or hiring decisions. That’s not because bias less frequently infects promotion and hiring decisions. Rather, it’s because courts have erected hurdles to successfully proving discrimination in these cases. It’s also because … [Read more...]
