Blog Archives

Hair Discrimination: The New Protected Class and What Employers Need to Know to Stay Ahead

As employers know, they must keep an eye on the ever-changing landscape of employment discrimination laws. One of the more recent developments in this arena is the passage of laws banning discrimination based on hairstyles or textures commonly associated with

Posted in CROWN Act, Discrimination, Human Resources

Federal Contractors Should Be on the Lookout for Change in 2021, But Plan for Now

Commentators are speculating on how quickly the Biden Administration may reverse course on three (3) of 2020’s significant developments at the Office for Federal Contract Compliance Programs (“OFCCP”): On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race

Posted in Contractors, Discrimination, Federal Government

Is It Illegal To Consider A Foreign Accent When Evaluating Candidates For a Customer-Service Job?

Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job. Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the workplace is also receiving heightened attention.

Posted in Discrimination

Update on Texas Legislature Bill to Reverse Austin Sick Pay Law

At the beginning of the Texas Legislature session this year, it seemed like a slam dunk that conservative lawmakers would stop Austin and other cities in their tracks in their efforts to pass employment laws like mandatory sick pay. Senate

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Posted in Discrimination, Labor & Employment, Wage and Hour

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. Setting a target range of years of experience signals to applicants the level of complexity

Posted in Discrimination

Supporting Nursing Mothers is Required by Law and Improves the Workplace

Last week, a Nevada bank teller sued her employer for allegedly violating federal anti-discrimination laws by berating her and retaliating against her for requesting a private space to pump breastmilk. This lawsuit reminds employers that various federal, state, and local

Posted in Discrimination, Labor & Employment

How to Handle Waivers in Discrimination Cases

It is every L&E attorney’s dream:  You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show. Plaintiff is

Posted in Discrimination, Labor & Employment

Seventh Circuit Recognizes Sexual Orientation as Protected Class

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. A news article about

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Posted in Discrimination, Federal Government, Labor & Employment

Cozen O’Connor’s 2017 Observer

Well, 2017 is here; and Cozen O’Connor has just issued its annual Labor and Employment Observer, which contains thoughtful analysis on the year and review of what to expect in the future. A link to the materials can be found

Posted in Discrimination, Federal Government, Healthcare Reform, Labor & Employment, Wage and Hour

Is Your Sexual Harassment Training Making Things Worse?

A recent article about a study on the effectiveness of sexual harassment training caught my eye. The article (link here) explains: “Some researchers believe trainings have no positive effects, tend to be more about legal cover than meaningful prevention or

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Posted in Discrimination, Federal Government, Labor & Employment, Wage and Hour
About HR Headaches
HR Headaches is a blog for Human Resources professionals, business owners, and in-house counsel to get the latest news, analysis and tips in the area of labor and employment law. Every day there are new court decisions, agency interpretations, and regulations which affect the workplace, making it difficult, if not impossible, for many employers to keep current. HR Headaches is dedicated to providing information in a practical, no-nonsense manner to help employers avoid legal disputes and keep policies up to date.
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