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…
One year ago this week the Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru,[1] a case in which the Court determined that two Catholic elementary school teachers were “ministers” and therefore not covered by federal anti-discrimination statutes.[2] The Court based its decision on the “ministerial exception.” A First Amendment doctrine, the ministerial exception exempts religious employers from certain types of employment…
May is Asian American and Pacific Islander (“AAPI”) Heritage Month, which celebrates the contributions of the AAPI community to the history and culture of the United States. With the rise of anti-Asian violence since the start of the pandemic, many have been wondering how they can be better allies to the AAPI community. One simple starting point to foster a more inclusive…
Are you considering contacting a lawyer about discrimination, harassment, or mistreatment at work? It may be tempting to wait. You think: “Let’s see how this plays out. Learn if the company will do the right thing. Maybe they will promote you, or transfer you, and maybe things will get better. You have a lot on your plate right now, and…
Effective January 6, 2020, New York banned employers from asking job seekers and employees about their compensation history. The same law, Labor Law § 194-a, prohibits employers from relying on salary history in deciding whether to offer employment to an applicant as well as in determining salaries for applicants and employees. The law also prohibits the employer from seeking salary history…
In the wee hours of December 21, 2020, Congress passed a COVID-19 stimulus package following months of wrangling and stalemates. After nearly a week and much criticism, President Trump signed the bill into law. Despite its massive length—almost 5,600 pages—, the bill falls far short of fully meeting the urgent needs of American workers. Congress last provided relief in late…
As long as there has been discrimination in the workplace, courageous employees have spoken up about it. In the past year, employees have pushed hard for workplace equity, as examples from the Audubon Society, Google, Pinterest, and elsewhere show. Unfortunately, many employers have reacted with retaliatory firings. The story of AI Ethicist Timnit Gebru at Google is perhaps the most recent, well-publicized example…
On September 22, 2020, President Donald Trump signed Executive Order 13950, “Combating Race and Sex Stereotyping,” which, contrary to its title, seeks to undercut workplace equity and inclusion. The Executive Order—ostensibly targeting the anti-racism training that proliferated in the wake of the murder of George Floyd and the subsequent national reckoning with systemic racism—prohibits federal contractors and federal grant recipients…
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. It states that it is illegal to discriminate against a woman who is pregnant. This means that as long as a pregnant woman can handle the major functions of her job, an employer cannot fire or refuse to hire her on the basis of…
is at the forefront of the movement holding the opioid industry accountable for the ruinous effects its drugs have had on people and governments throughout our country. This opioid work pits us against the companies that profited off the addictive potential of the drugs they peddled. New EEOC guidance indicates that our employment discrimination practice could soon be involved in defending those…