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Discrimination & Harassment Archives

How an Employee's Military Service or Status Can Be the Basis for Discrimination

We often hear media reports about workplace discrimination involving gender, race, national origin, age, and disability that is all too common. But most Americans would be surprised to learn that each year thousands of employees are subjected to blatant and harmful discrimination simply because they are veterans or are currently serving in the Armed forces - and this discrimination harms our national security by discouraging participation in the National Guard and Reserve.

Article Co-Authored by Wendi Lazar Reveals Why Women Lawyers in BigLaw Earn Less Than Male Colleagues and Ways to Close the Pay Gap

Wendi Lazar has devoted her practice to representing employees and professionals, many of which have been subjected to discrimination and pay inequity in the workplace.

New Massachusetts Law Offers Example of How States Can Address Pay Inequity

In August 2016, a bipartisan Massachusetts legislature and a Republican governor unanimously enacted a new pay equity law aimed at ensuring equal compensation and benefits for male and female employees in similar positions performing similar work. In addition to a general prohibition against pay discrimination, the Act includes some innovative provisions that provide examples for other states to follow in the ongoing campaign against pay inequity.

Finally, a Study that Clearly Shows Pay Gap Between Male and Female Doctors

After years of study and training to become highly educated health professionals, female doctors often find they don't earn the same as their male colleagues. Unfortunately, that's not a new revelation, but data spotlighting the pay disparity has been difficult to collect and routinely challenged as flawed by critics and defense lawyers. Until now.

ABA Adopts Ethics Rule to Prohibit Discrimination and Harassment... and It's About Time

In a Monday session during the American Bar Association's annual meeting in San Francisco this past weekend, the ABA House of Delegates voted to approve a change to the Model Rules of Professional Conduct that will make it an ethical violation for attorneys to harass or discriminate in the course of their practices.

Trump to Sexual Harassment Victim, "You're Fired!"

Donald Trump makes us cringe, but like a stopped clock, he's right once in a while.  He says a woman who experiences workplace sexual harassment should find an other job, or even an other career. All too often, that is exactly what happens.   Allow us to explain.

Concreteness and Spokeo - The Supreme Court's Decision Really Doesn't Do What Employers Say It Does

When the U.S. Supreme Court delivered its opinion in Spokeo, Inc. v. Robins last May, employers, as well as the companies that provide employers with job applicants' background information, argued that the ruling was a significant change to the law of standing. Despite the smokescreen they've attempted to raise, however, Spokeo hasn't changed standing at all, and consumers (including job seekers) are just as empowered to seek redress for Fair Credit Reporting Act violations today as they were before.

Out of Prison, Out of a Job: "Ban the Box" Movement Seeks an End to Employers' Insidious Use of Criminal Background Checks to Reject Qualified Applicants

70 million Americans - one in every three adults in the United States - has a criminal record of some sort. for many of these people, however, the cost of their crimes imposes a death sentence on their ability to find work.

Racial Discrimination from the Time of "The Butler's Child" until Now

In The Butler's Child, Outten & Golden Senior Counsel Lewis Steel describes his career spent seeking racial justice as a civil rights lawyer. The book, to be released on June 14th, is a fascinating chronicle of many landmark cases, and a fitting reminder of the continuing fight against racial discrimination in employment, housing, criminal law, governmental services, and education.

From Knee-Jerk Reactions to Thoughtful Discussion: Using Mindfulness to Address Privilege, by Nina Frank

In a recent blog post, on Hamilton & Griffin on Rights, Outten & Golden LLP associate Nina Frank discusses recent studies which have found that anti-bias training and sexual harassment awareness training can not only be ineffective, but can actually backfire, resulting in defensiveness and a solidification of discriminatory beliefs. Mindfulness - and mindfulness meditation - should be taken seriously as a tool to combat our knee-jerk reactions to being confronted with our own privilege. Mindfulness can guard against the tendency to become defensive or guilt-ridden, two automatic reactions that can derail meaningful discourse and progressive change.

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