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Catarina Colón

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With a background in labor and employment litigation, Catarina helps clients stay in line with employment law, especially in the midst of corporate transactions. Catarina collaborates with clients in the healthcare, financial and manufacturing industries to help them avoid costly labor and employment litigation and personnel issues. She concentrates much of her practice on the mergers and acquisitions of companies, including asset and stock purchases, with an eye to the myriad of employment issues inherent in corporate transactions.

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A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s Ho-Chunk, are following suit. As of April 30, the Ho-Chunk tribal legislature voted to decriminalize cannabis on its tribal lands. Yet, as the Drug Enforcement Administration (DEA) advances the rescheduling of cannabis under the Controlled Substances Act, complex jurisdictional questions remain regarding the enforcement of cannabis laws at the tribal and state levels. Among them, as of 2024, can tribes legalize cannabis use and sale on their own lands?

From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs remain a contentious issue in U.S. politics. In June 2024, attorneys general from 40 states joined one of two dueling letters, reflecting the inconsistent sentiments on this topic across state lines.

While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or supported by the federal government. On June 12, 2024, twenty-two members of Congress, led by Ohio Senator J.D. Vance (Donald Trump’s vice-presidential candidate in the 2024 election) introduced the Dismantle DEI Act of 2024 (the “Act”). With respect to the Act, Senator Vance stated, “The DEI agenda is a destructive ideology that breeds hatred and racial division. It has no place in our federal government or anywhere else in our society.” The proposed legislation seeks to eliminate all federal DEI programs and funding for federal agencies, contractors which receive federal funding, organizations which receive federal grants, and educational accreditation agencies. Although the Act would not apply to the private sector, the federal government remains the nation’s largest employer and the Act would impact a workforce of over four million employees.

In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as conventionally attractive. Over twenty years of scholarly articles show an unconscious preference to interact with people we may find attractive, even in the employment context during the hiring process and throughout employment. While it may seem superficial, pretty privilege can significantly impact one’s career trajectory, opportunities, and overall experience in the professional world.

In our ever-evolving world, fostering cultural sensitivity is paramount for minimizing legal risks and creating inclusive, respectful work environments. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. As employers gear up for the new year, they should consider abandoning the following words and phrases. Encouraging their employees to do the same will help create more inclusive work environments and mitigate the risk of discrimination claims brought by members of their workforce.

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing lawsuits challenging their employers’ diversity, equity, and inclusion (DEI) programs.[1] As a result, some businesses may wonder: Are our DEI efforts worth the legal risk? For most businesses, the consensus answer appears to be “yes.”

What is caste and caste discrimination?

“Caste” or a “caste system” is a social hierarchy passed down through families and can dictate an individual’s permissible professions as well as aspects of their social life, including whom they can marry.[1] It exists in a variety of ways, but for purposes of defining a legally protected class, it most directly relates to persons of South Asian descent. Importantly, however, an individual’s race or religion is not a caste, and caste and race/religion should not be equated or conflated.[2]

When “Gymtimidation” Turns Into Discrimination

The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age, gender, ability, and race. However, if managed by inadequately trained staff or run without oversight, a gym can become a divisive place that breeds anxiety and fear. The phenomenon of “gymtimidation” is a popular topic among fitness center owners and gym enthusiasts alike. A 2022 study of roughly 3,000 individuals revealed that 90% of gym-goers are concerned about others’ opinions and 42% of gym-goers experience appearance-based anxiety while at the gym. Notably, Gen-Z gym-goers are the most affected by “gymtimidation,” with 38% of that demographic identifying “fear of judgment” as a reason for disliking gyms.

When the pandemic hit, many employees began working remotely. Even now, post-pandemic, many employers have maintained flexible work options for employees. With remote working increasing, many employers are grappling with new ways to create a workplace community that can flourish in the new remote work reality. One strategy is the creation of Employee Resource Groups (“ERGs”).

The 12 months desk calendar 2023 with pen on wooden background.
12 months desk calendar 2023 with pen on wooden background.

With holidays and a new year fast approaching, it is an excellent time for employers to consider reviewing and revamping their Employee Handbooks or stand-alone policies that address company-recognized holidays. The most commonly recognized holidays by private employers include the following:

  • Labor Day
    • …