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The Dodd-Frank Wall Street Reform and Consumer Protection Act (also known as “financial reform” or “the Wall Street bill”) made headlines when President Barack Obama signed it into law on July 21. However, many employers probably don’t realize the legislation contains diversity provisions that could affect them if they are contractors, subcontractors, or service providers […]
Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]
According to the U.S. Census Bureau, President Lyndon B. Johnson was authorized by Congress to declare National Hispanic Heritage Week in 1968. In 1988, Congress expanded the celebration, and September 15 was chosen as the beginning of the monthlong event because it is the anniversary of independence of five Latin American countries: Costa Rica, El […]
Latino employees at an Arizona community college were understandably offended when a professor broadly distributed e-mail messages exalting the “superiority of Western Civilization” and deriding the contributions of nonwhite immigrants and Native Americans. But did the professor’s messages create a racially hostile work environment? The Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]
By Mark I. Schickman Imagine a horrible accusation made against one of your managers — maybe harassment, maybe violence, maybe theft, maybe drugs. This is an outspoken employee who has sued you before — and won — and with whom you have to be careful. But under heavy pressure from top executives, you immediately fire […]
By Sam R. Fulkerson According to the Equal Employment Opportunity Commission (EEOC), 93,277 workplace discrimination charges were filed nationwide during 2009 ― the second-highest level ever ― and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, and national […]
According to the U.S. Census Bureau, the first observance of Labor Day is believed to have been a parade of 10,000 workers on September 5, 1882, in New York City, organized by Peter J. McGuire, a Carpenters and Joiners Union secretary. By 1893, more than half the states were observing a “Labor Day” on one […]
The Department of Labor (DOL) has a tool available on its website for employers that want to make sure their policies and practices don’t discriminate against qualified individuals with disabilities. The online Disability Nondiscrimination Law Advisor, available at www.dol.gov/elaws/odep.htm, helps employers determine which federal disability nondiscrimination laws apply to their business, including: Title I of […]
Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]
President Barack Obama recently issued a memo directing federal agencies to extend benefits to the same-sex domestic partners of federal employees to the extent permitted by current law. The memo begins: For far too long, many of our Government’s hard-working, dedicated LGBT employees have been denied equal access to the basic rights and benefits their […]