Employment Discrimination

Legal Recourse for Employment Discrimination on the Basis of Weight

Discrimination on the basis of weight is rampant in society. Yet only one state, Michigan, explicitly prohibits weight-based discrimination. Two other states, Massachusetts and New York, are currently considering bills that would prohibit discrimination on the basis of weight. Meanwhile, approximately 41.9% of adults in the United States are obese, and research indicates that overweight and obese people experience workplace…

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The Americans with Disabilities Act: Protecting Those Who Suffer from ADHD

Approximately 4.4% of adults in the United States have attention deficit hyperactivity disorder (ADHD). ADHD can present serious obstacles for employees in the workplace and students in public schools. The symptoms include inattention, impulsivity, emotional dysregulation, and low frustration tolerance. But even where individuals are able to successfully manage their ADHD, they can face discrimination in the form of stigma…

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Rights for Employees Returning to Work

Now that the pandemic seems to be winding down, many employers are considering if it is the right time to ask their employees to return to work. But with COVID laws and regulations still in effect, as well as existing disability, discrimination, and whistleblower laws, the answer to this question is complicated. At we understand that protecting your health at…

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Recent Changes to NDAs in Employment Contracts and Settlement Agreements

For years, companies have used non-disclosure agreements (“NDAs”) and non-disparagement agreements in employment contracts and settlement agreements. These provisions primarily allow companies to protect sensitive business information, but can also be used to prevent workers from speaking about harassment and discrimination in the workplace. While some victims of workplace discrimination enjoy the assurance of privacy that comes with an NDA,…

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New DC Attorney General Proposal Would Provide More Tools to Fight “Algorithmic Discrimination”

Some employers have hoped that new technologies like machine learning and other forms of artificial intelligence can remove subjectivity—and therefore bias—out of hiring decisions. Unfortunately, the record for these new technologies is poor because they rely on and thereby perpetuate existing discriminatory patterns. While current anti-discrimination laws provide some important protections against algorithmic discrimination, DC Attorney General Karl Racine’s recently…

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Congress Should Pass the Judiciary Accountability Act

For years, Ninth Circuit judge Alex Kozinski sexually harassed his law clerks, repeatedly making inappropriate comments and sharing pornography in chambers.  He could act with impunity—and other judges have been able to do the same—because our nation’s anti-discrimination laws have left law clerks and most other judicial employees unprotected.   Because of a loophole in Title VII, there are more than 30,000 workers…

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Seeking COVID-19-Related Accommodations for At-Risk Household Members

Since the pandemic disrupted U.S. life in March 2020, the number of Americans who have worked remotely, at least in part, has more than doubled.[1] After over a year of proof that telework is possible, workers have gained fodder for legal arguments that remote work is a reasonable accommodation for their disabilities without undue burdens for employers.[2] As vaccines have become more…

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