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Florida Governor Ron DeSantis and the Sunshine State’s legislature have been aggressively opposed to certain fringe elements of DEI initiatives. In 2022 they enacted the Individual Freedom Act to prevent schools as well as employers from subjecting students or workers to instruction or training that compels them to believe in various banned subjects. Among the…
Read MoreWhile Florida’s court battle over DEI may not be over, oddly enough, workers opposed to mandatory DEI training may have better luck going to the National Labor Relations Board. For starters, consider that the Board’s General Counsel, Jennifer Abruzzo has declared in a memo that federal labor law protects the right of employees to refrain…
Read MoreONE DECISION HELD THAT ENSURING FAIR COMPETITION MIGHT PROVIDE A POWERLIFTING EVENT SPONSOR WITH A VALID BUSINESS REASON TO EXCLUDE TRANSGENDER ATHLETES FROM COMPETING AGAINST WOMEN, THE OTHER DECISION HELD THAT A PHARMACIST’S CONSCIENTIOUS OBJECTION TO DISPENSING A BIRTH CONTROL PILL THAT COULD “END LIFE,” IS NO DEFENSE TO A CLAIM OF PREGNANCY DISCRIMINATION The…
Read MoreThis week the U.S. Court of Appeals for the Seventh Circuit, in Chicago, overturned a healthcare employer’s summary judgement win in an FMLA interference and retaliation case. The case involved a managerial employee who in her employer’s view was terminated for performance – not meeting expectations – after being placed on a performance improvement plan,…
Read MorePromoting diversity, equity, and inclusion, or DEI in the workplace seems a worthy goal for any employer. After all it is the ethical thing to do, right? And if DEI is ethical, you might think it would be simple enough for any ethical business to implement. Just do the right thing by people, right? But…
Read MoreThe beginning of a new year is a time of reflection and resolve for positive change. Resolutions for self-improvement on health, relationships, and other personal goals abound. Some will fail to materialize. Many will be short-lived. However, in the business world changes are often imposed by law and cannot so easily be ignored. Here are…
Read MoreMinnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024. In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48…
Read MoreOur readers may recall my June 30 E-Alert covering several significant Supreme Court decisions issued that day, including the ruling in Groff v. DeJoy. In Groff, the Court “clarified” (a better term might be “increased”) the burdens employers are required to endure before they may lawfully refuse a request for religious accommodations based on “undue…
Read MoreIn the aftermath of the protests and civil unrest of 2021, more and more businesses embraced what has come to be known as “diversity, equity, and inclusion,” or DEI. Today, most people have at least some general understanding of what DEI is about. For many businesses DEI represents a commitment to promote diversity and equitable…
Read MoreThe Supreme Court’s recent decision in 303 Creative LLC v. Elenis has caused quite a stir. Boiled down to its simplest form, the Court essentially ruled that a Colorado web designer could not be forced to “speak” by creating a webpage about a subject the owner found objectionable. Had the designer refused to design a…
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