Muslim teacher may proceed with national origin harassment claim

April 17, 2016 0 COMMENTS

by Emily Hobbs-Wright

A Turkish-born Muslim teacher claimed that her school had a culture of racial and ethnic hostility. The U.S. 10th Circuit Court of Appeals (whose decisions apply to Colorado employers) recently ruled that her complaints of national origin discrimination may move forward. This case offers several lessons on how to handle cultural differences in the workplace.  Cute lovely school children at classroom having education activi

Principal made and allowed insensitive comments

read more…

EEOC addresses workplace discrimination against Muslim or Middle Eastern individuals

March 20, 2016 3 COMMENTS

As backlash is rising steadily in the wake of terrorist attacks in Paris, France, and San Bernardino, California, the Equal Employment Opportunity Commission (EEOC) is taking an active approach to addressing current and potential workplace discrimination. EEOC Chair Jenny Yang issued a statement urging employers and employees to be mindful of instances of harassment, intimidation, or discrimination in the workplace against “vulnerable communities” such as employees who are or are being perceived to be Muslim. She cautioned employers to “take steps to directly address potential problems to prevent harassment, retaliation and other forms of discrimination” and encouraged employees to “report incidents to their workplace official and to the EEOC or its state and local partners.”  Muslim business lady

The agency also released two resource guidance documents, one for employers and one for employees, in Q&A format to explain federal laws prohibiting employment discrimination against individuals who are targeted for being Muslim or perceived to be Muslim. The guides note well-established strategies to curb and prevent workplace discrimination and warn employers that “reactions in the workplace to world events demand increased efforts . . . to prevent discrimination.”

read more…

Recent settlement highlights EEOC’s focus on vulnerable workers

February 14, 2016 0 COMMENTS

by Jeffrey D. Slanker and Rob Sniffen

The Equal Employment Opportunity Commission’s (EEOC) Strategic Enforcement Plan (SEP) highlights several areas in which the agency is increasing its focus, including the protection of vulnerable immigrant and migrant workers. That focus was recently underscored by the agency’s settlement of a case involving allegations of national origin and race discrimination against an Alabama employer that employed Indian workers through the federal H2-B program. EEOC-jpg

read more…

Adverse employment action because of accent is illegal

May 17, 2015 1 COMMENTS

by Joseph Cooper

Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of national origin in any aspect of employment, including hiring, firing, and job assignments. Because an employee’s accent or language skills are often associated with her national origin, employment decisions based on those characteristics are scrutinized closely by courts and administrative tribunals. A recent decision from the Rhode Island Commission for Human Rights (RICHR) illustrates that point.  Time for a conversation

Teacher wants to take English classes

read more…

Tribal hiring preference not national origin discrimination

February 15, 2015 1 COMMENTS

by Nancy Williams

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) has taken the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a case that has dragged on for years, the 9th Circuit Court of Appeal (whose rulings apply to all Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington employers) recently issued its third decision, finally ruling against the EEOC.  The Right Candidate

Coal company leases have Navajo hiring preference

read more…

The good, the bad, and the ‘feo’ of the American workplace’s Latinization

August 17, 2014 2 COMMENTS

by Glianny Fagundo

The American workplace is becoming more diverse. The U.S. Bureau of Labor Statistics (BLS) calculated that 14.8 percent of the U.S. labor force was Hispanic in 2010. That number is expected to jump to 18.6 percent by 2020which translates to roughly one in five workers. While many see such diversification as a positive development (and it is in many ways), it doesn’t automatically lead to a utopian, racially integrated environment.  DiverseWorkforce

This article discusses some of the positive contributions Hispanics can make to workplaces, ways in which you can maximize and reward productivity, and considerations you must give to ethnic and color tensions that may exist among employees who share the “Hispanic” ethnic designation.

read more…

National origin discrimination and race discrimination aren’t the same thing

July 14, 2013 0 COMMENTS

by Kevin McCormick

In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under the Act has little chance of success. Let’s take a closer look at this interesting decision.

Background facts

read more…

Title VII verdict upheld for Egyptian-American Muslim employed by BSA

June 16, 2013 0 COMMENTS

by Rosemary B. Guiltinan

The U.S. 1st Circuit Court of Appeals  recently upheld a jury verdict in favor of an Egyptian-American Muslim employee of the Boy Scouts of America (BSA) who claimed the BSA denied him career advancement opportunities based on his national origin and religion. The court upheld the verdict because the employer failed to show the evidence was “overwhelmingly inconsistent” with the jury’s decision.

Background

Kamal Aly, an Egyptian-American Muslim, began working as a district executive for the BSA’s Mohegan Council in August 2001. During his first two years with the BSA, he completed two professional development trainings and received positive annual performance reviews. read more…

When world events hit the workplace

December 16, 2012 0 COMMENTS

by Mark Schickman

Statistics from the Equal Employment Opportunity Commission show that charges of discrimination based on religion and national origin are the fastest growing categories in the past decade. Of course, that coincides with the aftermath of 9/11 and, rational or not, American anger and suspicions over Middle Eastern Arab communities. This shift in public mood creates a problem for HR professionals, whose job it is to ensure a workplace free from discrimination and harassment―a prejudice-free island in an ocean littered with group hatred. That’s no easy job, as United Parcel Service (UPS) was reminded recently. read more…

Say what? Asking employees to take language classes

October 14, 2012 0 COMMENTS

by Brad Cave

Q: Will I be in violation of federal discrimination laws if I provide an “English as a second language” (ESL) employee English language training at the company’s expense?

A Any possible discrimination charge under Title VII of the Civil Rights Act of 1964 would be based on national origin. The Equal Employment Opportunity Commission (EEOC) has promulgated express guidelines for employers with employees who don’t speak English as their primary language. The agency has recognized that employers sometimes have legitimate business reasons for basing employment decisions on linguistic characteristics, but because those characteristics are closely associated with national origin, you must be careful to ensure that the business reasons you rely on justify any burdens placed on employees because of their national origin.

read more…

 Page 1 of 2  1  2 »