All articles tagged with #employment discrimination
The Supreme Court has revived a woman's reverse discrimination claim, ruling that individuals from majority groups can bring discrimination cases under Title VII without higher standards, potentially easing the path for such claims in the future.
Economists conducted an experiment by sending out 80,000 fake résumés to 100 major U.S. companies, revealing that some firms discriminated against Black applicants more than others. On average, employers contacted presumed white applicants 9.5% more often than presumed Black applicants, with some companies showing significant disparities. AutoNation and Genuine Parts Company were found to favor white applicants over Black applicants by 43% and 33% more callbacks, respectively. The study highlights the varying levels of racial bias in hiring practices across different companies and industries.
Economists conducted an audit study by sending 80,000 fake resumes to 100 large U.S. companies, revealing that presumed white applicants were contacted 9.5% more often than presumed Black applicants. Some companies, particularly in sales and retail, showed significant bias, while others, such as Lowe’s and Target, exhibited little to no discrimination. The study also found that gender discrimination was rare in entry-level jobs, but when present, biases were larger than those for race. Centralized HR operations, diverse hiring teams, and regulatory scrutiny were associated with reduced bias, while profitable companies were less biased, suggesting that discrimination is detrimental to business.
The Council on American-Islamic Relations (CAIR) released its annual Civil Rights Report, revealing a surge in anti-Muslim bias complaints following the Oct. 7 Hamas attack on Israel. The report highlights a significant increase in employment discrimination, hate crimes, and bias in schools, while also noting positive developments such as the recognition of Muslim Heritage Month in New Jersey and Georgia, and the addition of Muslim holidays to academic calendars in several states.
A Black, Deaf worker at Google is suing the company for discrimination, claiming that the tech giant has not provided adequate accommodations for her disability. Other disabled employees have also raised concerns about Google's treatment of them, including issues with interpreter services and accessibility of internal tools. The worker, who remains at a level 2 position after more than three years, has started a community for Black Deaf individuals at Google and has faced challenges in conducting research for the responsible AI team due to technical issues with Google Meet.
The Supreme Court declined to review a case involving the exclusion of potential jurors with traditional religious beliefs on homosexuality in an employment discrimination lawsuit brought by a lesbian worker against Missouri's Department of Corrections. The case raised questions about whether jurors can be excluded based on their religious views, and conservative Justice Samuel Alito expressed concerns about the impact of the 2015 same-sex marriage ruling. The state ultimately lost the case and sought a new trial based on the jury selection process, but the Missouri Supreme Court declined to hear the case.
Rachel Dolezal, the White woman who gained notoriety for falsely claiming to be Black, has been fired from her position with an Arizona school district over her apparent presence on OnlyFans, a platform known for adult content. Dolezal, who previously led an NAACP chapter, has courted controversy for her racial identity. Despite her termination, she continues to maintain a public presence through social media, art promotion, and a podcast.
Hilke Schellmann's book "The Algorithm" reveals the pitfalls of AI in hiring, including perpetuating biases and failing to identify the best candidates. Schellmann's investigations show that automated HR tools, which assess everything from résumés to social media behavior, can be biased and ineffective. Despite claims of objectivity, these tools often reflect the biases in their training data, potentially affecting thousands of job seekers. Schellmann suggests that more transparency and testing are needed to ensure fairness in automated hiring processes and offers practical advice for job seekers to navigate these systems. She also advocates for a nonprofit to test AI hiring tools and for government intervention to enforce transparency and allow independent testing.
The Supreme Court appears inclined to allow a female police officer in St. Louis to sue for employment discrimination over a forced lateral transfer to another position in the police department. The justices debated what plaintiffs must prove when accusing employers of violating Title VII of the Civil Rights Act of 1964. The officer's lawyer argued that proving a discriminatory reason for the transfer should be enough, while the city's lawyer argued for a higher threshold of "significant, material, objective harm." The majority of justices seemed ready to embrace the officer's position, emphasizing that treating someone worse based on race or sex is discrimination in itself.
Dollar General has agreed to pay $42,500 to settle a lawsuit filed by the Equal Employment Opportunity Commission (EEOC) after a worker in Georgia was fired for being pregnant. The EEOC claimed that the worker's dismissal was discriminatory and motivated by her pregnancy. The worker had informed her store manager about her pregnancy but did not request any pregnancy-related leave or indicate that she was unable to work. Dollar General initially apologized and offered her light-duty work, but later listed her discharge as due to "health reasons." The settlement includes back pay and compensatory damages, as well as an expansion of Dollar General's anti-discrimination policy and training on pregnancy discrimination for store managers.
SpaceX has filed a lawsuit against the US government, claiming that the Department of Justice's administrative case accusing the company of refusing to hire refugees and asylees is unconstitutional. SpaceX argues that the administrative judges hearing the case are not properly appointed and that the company is being deprived of its constitutional right to a jury trial. The DOJ had accused SpaceX of routinely refusing to hire non-US citizens or green card holders, but SpaceX argues that it has employed hundreds of non-US citizens and that some of its projects have national security implications. SpaceX is seeking to block the administrative case from moving forward pending the outcome of its lawsuit.
The New Jersey Supreme Court has ruled in favor of a Catholic school that fired a teacher for engaging in premarital sex. The court held that religious entities can use religious tenet exceptions of state employment law as an "affirmative defense" in facing claims of employment discrimination. The teacher had alleged violations of Title VII of the Civil Rights Act, arguing that her firing was a pretext for pregnancy and marital-status discrimination. The court's decision has drawn criticism from the state attorney general and the ACLU.
The recent Supreme Court decision banning race-conscious measures in college admissions may have implications for diversity, equity, and inclusion (DEI) programs in the workplace. While the decision does not directly impact employment laws, it could encourage legal challenges against race-conscious policies in hiring. Employers, concerned about the availability of diverse candidates, may need to broaden their recruitment strategies beyond traditional universities. Affirmative action in the workplace is different from affirmative action in higher education, and employers are encouraged to implement DEI initiatives to ensure equal opportunity for workers of all backgrounds. However, right-wing organizations may increase legal threats against DEI programs, leading to potential restrictions on these initiatives.
The Supreme Court delivered a unanimous decision in the case of a Christian mail carrier who sued the U.S. Postal Service for failing to accommodate his religious practice. The court ruled that workers who request religious accommodations, such as taking the Sabbath off, should receive them unless the employer can demonstrate "substantial increased costs" to the business. The decision clarifies that businesses cannot reject accommodation requests based on minor costs. This case is the latest in a series of religious confrontations brought before the court, with the conservative majority showing sensitivity to the concerns of religious plaintiffs. The ruling sends the case back to a lower court for further consideration.
The Supreme Court has ruled in favor of religious accommodations in the workplace, stating that employers must make reasonable accommodations for employees' religious beliefs unless it poses an undue hardship. The decision expands protections for religious freedom in the workplace and provides clearer guidelines for employers to follow when dealing with religious accommodations.