Last week, researchers at the University of Michigan and Princeton University released the results of one of the latest studies regarding the effects of so-called “Ban the Box” legislation. Prior to the legislation, employers could ask applicants about their criminal background as part of the employment application process. This resulted in substantial barriers to employment for minority applicants, particularly African Americans and Latinos statistically more likely to have been incarcerated or have a criminal record. It has also, some believe, resulted in prison overcrowding.
Both bad things.
Continue reading THE UNINTENDED CONSEQUENCES OF “BAN THE BOX” LAWS
Yesterday the United States Supreme Court issued a 7-1 opinion in Green v. Brennan. Justice Sotomayor authored the majority opinion, which vacated and remanded the Tenth Circuit’s dismissal of Plaintiff Marvin Green’s race discrimination and retaliation complaint on timeliness grounds.
Continue reading SUPREME COURT VICTORY FOR CONSTRUCTIVE DISCHARGE PLAINTIFFS
Last week, President Obama nominated Merrick Garland to fill the United States Supreme Court seat left vacant by Justice Antonin Scalia. Garland is the Chief Judge of the D.C. Circuit Court of Appeals, where he has served since 1997. When he was nominated to the D.C. Circuit Court by President Bill Clinton, he received bipartisan support and was confirmed by the Senate with a vote of 76-23. This confirmation process will undoubtedly be more difficult, with Garland’s appellate record coming under careful scrutiny. Garland’s record on employment and civil rights cases is of particular interest and importance to the employment attorneys at Babich Goldman.
Continue reading MERRICK GARLAND ON EMPLOYMENT LAW
As workplace technology changes, employees are expected to keep up. As a result, employees who embrace changing technology are sometimes retained or hired in place of employees who aren’t as tech-savvy. In my experience, employers tend to view younger employees as being more welcoming to technological advances than their older coworkers. Stereotypes like this can be a form of age discrimination, which is unlawful under both Iowa and Federal law.
Continue reading AGE DISCRIMINATION BY ANY OTHER NAME IS STILL AGE DISCRIMINATION
ACLU attorney Gillian Thomas has a new book about the legal history of sex equality in the workplace. After reading today’s New York Times review of the book, it’s definitely at the top of my “to read” list.
Continue reading MUST READ: “BECAUSE OF SEX” BY GILLIAN THOMAS
I recently blogged on the topic of classifying individuals as employees versus independent contractors. Two recent rulings from California courts have put this issue back in the news. Both cases involve companies who misclassified drivers as independent contractors and thus cheated the drivers out of wages they lawfully earned as employees.
Continue reading MISCLASSIFICATION OF ‘INDEPENDENT CONTRACTORS’
Just last week, social media giant Twitter made headlines when one of its teams decided to hold a frat-themed party in the office, paid for by the company. The party was complete with kegs of beer, red plastic cups, beer pong, and a sign written in Greek-themed font that read “Twitter frat house.” While the party itself should have been newsworthy on its own, it became even more so given that in March of this year a former employee sued Twitter for sex discrimination, claiming the company made it difficult for women to obtain promotions and engaged in tactics designed keep women out of higher ranking positions.
Continue reading THE SEARCH FOR EVIDENCE OF DISCRIMINATION – A COMPANY’S CULTURE AND ATTITUDE