Diversity, Equity, & Inclusion

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.

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

In a strongly worded and unanimous opinion, a panel of judges from the Eleventh Circuit Court of Appeals determined that Florida’s STOP W.O.K.E. Act[1] is unconstitutional. The court noted that Florida’s defense of the law’s validity represented “clever framing rather than lawful restriction.”

Enacted in 2022, the STOP W.O.K.E. Act forbids employers from mandating…

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.

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

The Supreme Court’s recent decision on affirmative action in the SFFA v. Harvard/UNC cases has raised lots of questions for private employers. Specifically, private employers want to know what impact – if any – does the Court’s decision have on DEI programs? The short answer is not much, if any.

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and university race-conscious admission decisions at Harvard University and the University of North Carolina violate the Equal Protection Clause of the 14th Amendment (“the Harvard-UNC Decision”). The specifics of the race-conscious admissions process used by these higher education institutions and the Supreme Court’s opinion is more fully discussed in Husch Blackwell’s recent post, Supreme Court Prohibits Consideration of Race in College Admissions. The majority and concurring opinions, though, have prompted speculation about the decision’s potential impact on federal contractors subject to affirmative action obligations to provide equal employment opportunities to minorities and women under Executive Order 11246 as well as on employers that have voluntarily adopted diversity, equity, and inclusion (DEI) initiatives. While the Harvard-UNC Decision addressed racial preferences as opposed to affirmative action to ensure equal employment opportunities, the decision provides federal contractors and private employers with some guideposts for lawful implementation of affirmative action and DEI practices.

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”).

We’ve emerged from the traditional winter season of flu, strep, and stomach viruses (often on repeat for those with small children) and are well into the traditional spring season of sneezing, sniffling, and coughing. As such, it is worth considering the role healthcare plays in each of our lives. For some, we might have found ourselves at the doctor a few times over the past year—once for an annual wellness visit and once or twice for antibiotics.