The California Supreme Court in Bailey v. San Francisco District Attorney’s Office (S265223, July 29, 2024) clarified the circumstances under which a single racial slur by a coworker can lead to employer liability and further expounded on the type of conduct that can constitute an adverse employment action giving rise to a claim of retaliation. … Continue Reading
“HMRC boss sending worker unwanted birthday card was harassment“, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a chair. Needless to say, there is somewhat more to the story than that, so those … Continue Reading
Last week the government issued its first official guidance on ethnicity pay gap reporting. Somewhat unusually among gov.uk workplace guidance, it is prospectively a very useful read. To its immediate credit, for example, it accepts right up front that there can be many legitimate reasons for disparities in average pay between ethnic minority groups. “It … Continue Reading
After the recent high-profile deaths of Black Americans due to police use of force, discussions of systemic racism are now front and center in all organizations. Please join Squire Patton Boggs partners Carmen Cole, Meghan Hill and Katharine Liao on Thursday, July 23 at 1 p.m. EDT for an open and candid discussion about the … Continue Reading
On April 30, 2019, we reported that the California State Senate had taken steps toward enacting the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair) to prohibit discrimination on the basis of “traits historically associated with one’s race, such as hair texture and protective hairstyles.” The bill passed the Assembly on June … Continue Reading
Both New York City and California have recently taken steps to ban hairstyle-based discrimination. On Monday, April 22, 2019, the California State Senate passed the CROWN Act (Create a Respectful and Open Workplace for Natural Hair), which seeks to amend California’s anti-discrimination statute, the California Fair Housing and Employment Act (“FEHA”). The CROWN Act, if … Continue Reading
Ostensibly the Employment Appeal Tribunal’s decision in Bakkali –v- Greater Manchester Buses last week is a faintly technical one about how the required connection with a personal characteristic protected under the Equality Act differs between direct discrimination and harassment.… Continue Reading