Discrimination

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On the Basis of Personal Appearance

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V ...
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Canadian Employment Laws

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...
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EEOC Lawsuit Push Takes Aim At Hospitality Employers

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as several claims took direct aim at businesses in the industry. Harassment Claims Continue To Capture Spotlight In light of the sexual abuse allegations ...
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The Sharing Economy And Discrimination Concerns: What Can You Do?

Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded Black.” Women and workers of color are more likely to garner negative reviews from customers. And now, a recent study found that people ...
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Walking The E-Verify Tightrope: The Balance Between Compliance And Avoiding Discrimination Claims

Here’s the skinny: the Trump administration wants to make E-Verify mandatory for all employers. The electronic database that immediately confirms an individual’s eligibility to work in the United States has been promoted as a necessary step in the ramp-up to heightened immigration enforcement, which is a major focus of the new administration. President Trump’s first ...
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Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow.  Some of these businesses are a natural complement to the hotel industry, while others directly compete with it.  Whatever may become of these companies as they are reined in by regulation, one thing is certain: the ...
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Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...
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How to Avoid the EEOC’s Radar

The Equal Employment Opportunity Commission’s (EEOC’s) statistics about employment discrimination continue to demonstrate a trend of increased charge filing and litigation with the agency. And, in the wake of the EEOC’s increased focus and expanding budget to execute its Strategic Enforcement Plan, the employment discrimination lawsuit trend is expected to continue. The most effective action ...
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New Jersey Joins NYC, DC, and Oregon in Prohibiting Discrimination Against Unemployed

Joining New York City (see Employment Law Insider Alert, March 2013), Oregon and Washington, D.C., on July 1, 2014, New Jersey passed legislation to prohibit employment discrimination on the basis of a job applicant’s unemployment status. This expands existing New Jersey law — the first law on the subject — that prohibits employers from creating ...
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