In a much-publicized congressional hearing on December 5, 2023, the presidents of Harvard, MIT, and the University of Pennsylvania faced pointed questions by the House Education and Workforce Committee regarding antisemitism on college campuses. Several exchanges—and public debate thereafter—focused on whether certain violent or politically-charged speech would violate the universities’ Code of Conduct, particularly the
Flight attendant Charlene Carter sued her employer and her union alleging, among other things, that they discriminated against her on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). In July 2022, a jury awarded Ms. Carter $5.1 million. This sum appears to be consistent with
This year, the California Legislature passed and the Governor approved the Contraceptive Equity Act of 2022 (Senate Bill 523 or SB 523), a piece of legislation intended to increase the ability of Californians to exercise full control over their reproductive decisions and to expand coverage and decrease access barriers to reproductive health services.
Among other
On Monday, September 12, 2022, the U.S. Department of Education closed the two-month comment period for the public to voice their opinions on the proposed changes to Title IX, the federal law that governs how schools supported by federal funding respond to forms of sex discrimination. Over 200,000 comments flooded the U.S. Department of Education
On January 27, 2022, the California Supreme Court unanimously decided that the McDonnell Douglas burden-shifting analysis that is widely used to determine whether an employment discrimination or retaliation case should be dismissed before trial does not apply to whistleblower retaliation claims brought under California Labor Code section 1102.5. As a result, employers will face a
The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured. In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.” Or, in a workplace
On the afternoon of May 31, 2019, a disgruntled public employee fatally shot twelve people and wounded four others in a mass shooting at a municipal building in Virginia Beach, Virginia. Eleven were city employees, and one was a contractor in the building there to obtain a permit. The building housed the city’s public works,
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they
On October 8, 2019, the U.S. Supreme Court heard oral arguments in three cases: Altitude Express, Enc. v. Zarda (out of New York), Bostock v. Clayton County, Georgia (out of Georgia), and R.G. and G. R. Harris Funeral Homes v. EEOC (out of Michigan). All three cases involve plaintiffs arguing that Title VII of the
This post was authored by Melanie L. Chaney.
Under Title VII and the Fair Employment and Housing Act (“FEHA”), the employer has an affirmative obligation to take all reasonable steps necessary to prevent harassment, discrimination, or retaliation. In order to comply with this obligation, employers must investigate all complaints of harassment, discrimination, or retaliation.