In a new guidance, the EEOC has shed some light on DEI-based policies and discrimination under the Civil Rights Act. The EEOC made clear that the employer is not allowed to treat its employees differently at all. Employees of all backgrounds should receive the same mentoring, training, and access to workplace networks. All employment actions taken by an employer must not be based in any way on an employee’s membership in a protected class.
It’s been a few months now since the Supreme Court has overturned the “Chevron Doctrine.” If you are a business owner, this may have interesting consequences for your business. Ambiguous federal statutes will now be met with higher judicial scrutiny. The courts now have the power to change the interpretation of any statute they deem ambiguous. Most interesting of all, the federal agencies will be forced to defend their interpretations of federal regulations.
Read MoreA California family-run moving company, Meathead Movers, is being sued by the Equal Employment Opportunity Commission for age discrimination due to “potential discouragement bias” against a hypothetical person because the moving company put out advertisement seeking athletic, strong, fit, and capable people for moving furniture and boxes of belongings. Employers are now facing the additional burden of this obvious word game: careful how you advertise for employees because bias or discrimination may now be inferred even when no one comes forward claiming discrimination- possible discouragement of a hypothetical person may be enough.
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