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Catarina Colón

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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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”).

While diversity, equity, inclusion, and accessibility have slowly made their way to the forefront of many employers’ minds, two dimensions of diversity are often overlooked in these discussions—neurodiversity and ability diversity. More than 1 billion people, 15% of the global population, live with a disability. Thus, employers must ensure that neurodiversity and employees and applicants with disabilities are properly represented in DEIA initiatives.

Communication Syles

In a world radically changed by the COVID-19 pandemic, the way we communicate in the workplace has been permanently altered with the integration of online communication platforms. Effective communication is essential to human functioning, including within the context of organizations and business entities. But the common workplace communication method changed swiftly when communication technologies replaced in-person communication that once typified office settings. While the integration of online communication platforms was a major contributor to the survival of many businesses, is it possible that these same communication platforms have the potential to exacerbate underlying differences among a diverse and remote workforce leading to increased employment litigation?

Illinois’ Family Bereavement

On June 10, 2022, Illinois amended its Child Bereavement Leave Act (“CBLA”) to include unpaid leave for employees following an “unexpected lack of parenthood,” and deaths of other family members, including stepchildren, spouses, domestic partners, siblings, parents or stepparents, parents-in-law, grandchildren, or grandparents. The new legislation is known as the Family Bereavement Leave Act (“FBLA”).

Sexual harassment in fitness facilities

For some, the gym is a sanctuary – an oasis. For others, the gym can be a nightmare, and an emotionally draining experience. Sexual harassment in fitness facilities is a rapidly growing problem, and one that can leave a lot of gym members feeling uncomfortable and frightened. How do we combat this? Do we encourage people to switch gyms? Do we tell people to just “ignore” the harassment? What obligations do gym-owners have to address such conduct?

Website Accessibility

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the EEOC warned employers who are using this type of software that they may be violating the American with Disabilities Act (“ADA”) and provided some examples best practices. The following summary will help you navigate this new and exciting field of employment software.

While diversity, equity, and inclusion have slowly made their way to the forefront of many employers’ minds, two dimensions of diversity are often overlooked in these discussions –neurodiversity and ability diversity. More than 1 billion people, 15% of the global population, live with a disability. Thus, employers must ensure that neurodiversity and employees and applicants with disabilities are properly represented in DEI initiatives.