Diversity, equity, and inclusion—better known as DEI—has been a hot topic lately. While DEI itself isn’t inherently illegal, critics have latched onto the idea of so-called “illegal DEI.” What exactly does that mean? Unclear. But a recent federal court case involving a law student who said she was discouraged from…
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AI Predicts Unanimous Supreme Court Ruling on Workplace Discrimination
Yesterday, the Supreme Court heard oral argument in Ames v. Ohio Department of Youth Services, a case where a heterosexual employee claimed her employer discriminated against her in violation of Title VII of the Civil Rights Act of 1964. The key legal question isn’t whether she has a claim but…
From Protection to Rejection: How The EEOC’s New Stance on Trans Rights and Gender Identity Impacts Employers
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Why the EEOC Filed the Lawsuits In one case filed last June, the EEOC…
Trouble Brewing? Missouri Serves Up DEI Discrimination Lawsuit Against Starbucks
Yesterday, I discussed the viability and legality of Diversity, Equity, and Inclusion (DEI) in the workplace and how a court recently ruled that DEI training is not inherently unlawful. However, that doesn’t mean DEI initiatives can’t cross legal lines. This week, Missouri announced it had filed a lawsuit…
DOJ To Employers With DEI Policies: We May Pursue You Civilly And CRIMINALLY.
On Wednesday, the Attorney General issued a memo titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” a move poised to send ripples through the private and educational sectors. Aligned with President Trump’s Executive Order on January 21, 2025, this directive targets diversity, equity, inclusion (DEI), and diversity, equity, inclusion,…
Why is the EEOC suddenly deleting gender identity discrimination resources from its website?
Earlier this week, I searched for LGBTQ+ resources on the U.S. Equal Employment Opportunity Commission (EEOC) website. On Google, I found a page titled “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” But when I clicked the link, I got an error message: “The requested page could not be…
DEI Shake-Up: What President Trump’s Executive Order Means for Your Business
ICYMI, President Trump has issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order aims to eliminate illegal discrimination and preferences based on race and sex in federal policies and practices, with significant implications for private businesses. Here’s what human resources professionals, employment lawyers, and business…
Reorg Roulette: When Office Shuffles Lead to Legal Kerfuffles
A recent federal appellate court decision highlights some of the complexities of employment discrimination claims. It is a stark reminder for companies that even well-intentioned reorganizations can lead to legal challenges if not handled transparently and consistently. The Backstory The plaintiff was terminated from her role as Associate Director during a…
Hiring Hiccups in Discrimination Cases: When Gut Feelings Aren’t Just Gas
In a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim of sex discrimination in hiring, the court offered some lessons for employers that may “use their gut” to decide between two qualified candidates. The plaintiff, a Black woman, had a long career…
Three lessons for employers from Lizzo’s employment litigation
Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others. On paper, it didn’t sound good for…