The US Supreme Court heard remote oral arguments on Monday in cases involving a state’s jurisdiction on Native American lands for crimes committed and employment discrimination in religious schools. McGirt v. Oklahoma which asks whether the state of Oklahoma has the jurisdiction to prosecute a crime committed within the historical boundaries of a reservation. In the [...]
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Supreme Court declines to consider EEOC investigative powers
The US Supreme Court denied a petition Monday to consider whether the Equal Employment Opportunity Commission (EEOC) can continue investigations and request broad employment information after a worker has filed a lawsuit. As is customary, the court did not provide their rationale for denying the petition. However, Justice Clarence Thomas issued a dissent to the denial [...]
What did the American public understand the word “sex” to mean in 1964? That’s the foundational question before the Supreme Court in Harris Funeral Homes v. EEOC. This case originated when Harris Funeral Homes hired a male funeral director who agreed to follow the company’s sex-specific dress policy. Nearly six years later, the director informed [...]
Federal appeals court revives action against Ford for discriminatory hiring practices
The US Court of Appeals for the Seventh Circuit on Wednesday revived a Title VII action against Ford Motor Company alleging a discriminatory hiring scheme excluding Hispanic and Latino individuals. The plaintiffs allege that this discrimination has resulted in a lack of Hispanic and Latino line workers at Ford’s Chicago assembly plant that does not [...]
Labor Department proposes rule clarifying religious exemption from discriminatory hiring provisions
The US Department of Labor issued a Notice of Proposed Rulemaking Wednesday that would implement a new rule clarifying federal contractors’ right to claim religious exemptions in cases of alleged hiring bias. The Office of Federal Contract Compliance Programs’ new rule, titled Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption, would clarify Section 204(c) [...]
Federal Appeals Court blocks EEOC guidance on use of criminal history in hiring
The US Court of Appeals for the Fifth Circuit on Tuesday upheld an injunction granted by the US District Court for the Northern District of Texas preventing the Equal Employment Opportunity Commission (EEOC) from enforcing guidance issued in 2012. The guidance, titled Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions [...]
Supreme Court rules charge-filing provision of Civil Rights Act not jurisdictional
The US Supreme Court ruled unanimously Monday in Fort Bend County, Texas v. Davis that the charge-filing provision of Title VII of the Civil Rights Act of 1964 (CRA) is not jurisdictional. The CRA “prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin.” Before bringing a complaint under Title [...]
Federal appeals court rules for boy with gluten-sensitivity against Colonial Williamsburg
The US Court of Appeals for the Fourth Circuit on Friday revived a case against Colonial Williamsburg brought by an 11-year-old boy with gluten sensitivity. The boy, identified only as JD, had traveled to Colonial Williamsburg as part of a class trip. While at Williamsburg, the class was to enjoy a historic dinner at Shields [...]
McDonald's facing complaints of harassment, abuse, retaliation
The Time’s Up Legal Defense Fund, American Civil Liberties Union (ACLU) and fast-food workers coalition Fight for $15 filed 23 complaints against McDonald’s Tuesday centering around incidents of harassment, abuse and retaliation against employees of the fast-food giant. Of the 23 complaints, 20 were filed with Equal Employment Opportunity Commission (EEOC), while the remaining three [...]
US House passes Equality Act to protect LGBTQ individuals from discrimination
The US House of Representatives passed HR 5, “The Equality Act,” Friday to protect LGBTQ individuals from various forms of discrimination. The bill, first introduced in mid-March, aims to protect individuals from discrimination on the basis of sex, gender identity or sexual orientation. The bill accomplishes this by amending a number of existing laws to [...]