In a new guidance, the EEOC has shed some light on DEI-based policies and discrimination under the Civil Rights Act. The EEOC made clear that the employer is not allowed to treat its employees differently at all. Employees of all backgrounds should receive the same mentoring, training, and access to workplace networks. All employment actions taken by an employer must not be based in any way on an employee’s membership in a protected class.
A California family-run moving company, Meathead Movers, is being sued by the Equal Employment Opportunity Commission for age discrimination due to “potential discouragement bias” against a hypothetical person because the moving company put out advertisement seeking athletic, strong, fit, and capable people for moving furniture and boxes of belongings. Employers are now facing the additional burden of this obvious word game: careful how you advertise for employees because bias or discrimination may now be inferred even when no one comes forward claiming discrimination- possible discouragement of a hypothetical person may be enough.
Read MoreThe FAST Recovery Act gives franchise employees broad protection and more ammunition in discrimination and wrongful termination lawsuits against employers. Employers have their hands tied and are specifically prohibited from taking adverse action against employees who are engaged in “protected activity.”
Read MoreAt least one federal court has held that gender dysphoria is now a protected disability under the Americans with Disabilities Act.
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