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Why Hire PEOPLE? Rethinking Workplace Policy in the Age of Technology
On Friday, January 31, 2014, President Obama called on CEO’s of the nation’s largest employers (McDonald’s, Morgan Stanley, and Wal-Mart) to hire long-term unemployed and “credit challenged” people....
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Has Private Litigation Advanced the March Toward Equal Employment Opportunity...
Politics Masquerading as Workplace Policy Every election year, members of my political party clamor to rebrand themselves as “Pro Business Democrats.” Only Cheri Jahn (D-Arvada), however, can...
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Jumpstarting the Stalled March toward Equal Employment Opportunity
Part I: Measuring What Matters at Title VII’s 50th Anniversary Title VII of the Civil Rights Act of 1964 (“Title VII”) will turn 50 on July 2, 2014. Over the past year, we have already observed the...
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Our FOIA Fight for EEO-1 Data (and Why Winning Matters)
On March 7, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) ultimately agreed to publish two more years (1996 and 1997) of aggregate EEO-1 data in electronic, researchable format by May...
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Of Course EEOC Mediations Are (or Should Be) Different!
In response Fox Rothschild’s republication of our EEOC Mediation Survey, a handful of practitioners weighed in: (a) one claimed that EEOC mediations are just like private ones; (b) a contract EEOC...
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Under the Surface of EEOC Enforcement
Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) asked the U.S. Supreme Court (SCOTUS) to grant Mach Mining LLC’s petition for certiorari, following its Seventh Circuit...
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Jumpstarting the Stalled March toward EEO: Eight Sparks (and Counting!)
Eight (and Counting!) Sparks to Jumpstart the Stalled March toward Equal Employment Opportunity The March toward equal employment opportunity (EEO) passed its 50-year mile marker on July 2, 2014, the...
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The EEOC’s Litigation Program: Bureaucracy, NOT Real Reform
While Congress and the Supreme Court mull over the adequacy of the EEOC’s pre-litigation conciliation efforts, a more fundamental question remains: has the EEOC’s litigation program accomplished any...
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EEOC Conciliation Bullying Necessitates Judicial Oversight
Conciliation in the Bewitching Season September ushers in the most bewitching season at the EEOC, when EEOC Field personnel scurry to settle long-dormant charges, issue cause determinations, and breeze...
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Defensive Management: Getting the Message to Managers (Where It Matters Most)
As a longtime regular on the HR speaker’s circuit, I have often had this nagging suspicion that I’m just preaching to the choir about EEO compliance. Of course, today’s HR professionals need to know...
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Numbers EEOC Hopes You Won’t Notice
On February 11, 2016, EEOC released composite charge data from fiscal year 2015, which ended on September 30, 2015. And not surprisingly, the EEOC emphasized certain data points while completely...
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RISE Together: Resource Integration to Support Employment (RISE)
As the Huffington Post recently reported, “even at a company obsessed with fair pay, men still make more than women.” I got misty for a moment, realizing that this article reflects the most balance...
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From Opportunity to Entitlement: How Private Litigation Distorted Our Dialog...
Twenty-five years after the Civil Rights Act of 1991, the March toward Equal Employment Opportunity has stalled: trial lawyers’ pecuniary interests have shifted our focus toward TERMINATION decisions,...
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The Myth of Gladiators: How Trial Lawyers Duped Civil Rights Advocates and...
The Civil Rights Act of 1991 (CRA 1991) spawned a new breed of trial lawyer–i.e., “gladiators” who, in the most Machiavellian sense, exploit the language of civil rights and equal employment...
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EEOC on Harassment: Irresponsibly Wrong!
On June 20, 2016, the EEOC “Select Task Force on Harassment” released its lengthy Task Force Report and staged an impromptu “hearing” to discuss their “findings.” And predictably, media outlets and...
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Three Short Stories about “Harassment”
Whenever I’m facilitating one of WorkplaceTrainingHub.com‘s management courses on “harassment,” I like to ask participants Have any of you ever been accused of harassment? Most folks immediately avert...
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Change Offers Clarity: EEO in Trump’s America
After my stint at the EEOC (1997-2000), I vowed that I would not take on another employee-side case. I had many reasons, but the main one was this: the emotional aspects of employee-side litigation are...
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The Economic Violence of “You’re Fired!”
“You’re FIRED!” We’ve all heard the Donald say it; it’s his favorite (and defining) tag line. He said it to a Mar-a-Lago employee during an on camera press conference when the sound system glitched....
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Employer Lying in the Unemployment Benefit Process
Since 2014, more than 350,000 Coloradans have applied for unemployment benefits though the Colorado Department of Labor and Employment (CDLE), a process designed to provide economic security for...
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How Our Anti-Harassment Enforcement Machine Churns Out “High Value Harassers”
Time Magazine just named the “Silence Breakers,” harbingers of the #MeToo movement, as its 2017 Persons of the Year. According to Time, the #MeToo movement marks a watershed moment in American labor...
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