Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent example, however, a conversative panel of judges in the Tenth Circuit Court of Appeals rejected an argument that a mandatory diversity training constituted unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Fourteenth Amendment of the U.S. Constitution.Continue Reading 10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

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.Continue Reading Pretty-Privilege: The Ugly Truth About Appearance Discrimination

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]Continue Reading An Emerging Protected Class: Caste Discrimination in the United States

Despite New York City’s already extensive anti-discrimination laws, the New York City Council recently passed a bill outlawing discrimination based on weight and height. Further, the City Council is considering various bills that significantly broaden protected categories for which discrimination is prohibited.Continue Reading NYC Employers Take Note – New and Proposed Anti-Discrimination Laws Coming Your Way

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee recruitment, retention, and morale, and to help mitigate risks associated with potential disparate treatment and discrimination claims by employees.Continue Reading Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

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.Continue Reading Best Practices for Hiring and Retaining Individuals with Disabilities

Workplace violence has become a hot topic in today’s discourse; however, workplace violence is not just headline fodder for media outlets. The trend is well-documented and especially felt by the healthcare industry which continues to experience the brunt after the onslaught of COVID-19. In 2018, 73% of all nonfatal workplace violence incidents involved healthcare workers. A late 2020 survey reported that 20% of nurses reported they were facing an increase in workplace violence after the COVID-19 pandemic began. Another study reported a 14.6% increase in workplace violence at New Jersey hospitals over the prior three years.
Continue Reading Code Blue! — Violence in the Workplace