Discrimination Archives - Parks Chesin & Walbert
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Firing a Pregnant Woman: What is Legal

“I’m pregnant,” can be the happiest phrase a person hears in their life (or the most terrifying). If a couple has been trying to become pregnant for years and their prayers have finally been answered, the news may be exciting. If an employer is trying to manage a business and his or her employee says, “I’m pregnant,” the news may be discomforting.

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Do Workplace Laws Protect New Parents?

One minute, you’re in the park lifting your recently fed, marvelously happy four-month old in the air, and the next the baby is screaming and has made her way into your spouse’s arms. Your spouse is stressed, you’re frustrated and life is unlike it ever was before.

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Can Employers Discriminate Based on Weight?

What is fattism and why is it an issue? A recent academic argument, written by professors Philip Rostant and Tamara Hervey defines the term. According to them, fattism is the prejudicial mistreatment of a person because of his or her size. The study suggests that obese employees are being subjected to fattism in the workplace through unfair treatment and limited opportunities. The law experts advocate that anti-discrimination laws should recognize “overweight” employees as a protected class.

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Legal Discrimination: How Far Have We Come?

In January 1960, the undefeated Syracuse Orange football team beat Texas in the Cotton Bowl to win their only National Championship to date. This win was due in part to the performance of star running back Ernie Davis who would later be the first black man to win the Heisman Trophy and the first black man to be drafted #1 overall in the NFL draft. Syracuse University, however, did not attend the awards banquet later that night to celebrate their championship. Why? Davis and two of his black teammates were not invited to the dinner due to their race. In 1960, blatant racial discrimination like that was relatively commonplace. In 2016, it is completely unacceptable.

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In the News: The Gender Wage Gap

April 12, 2016 was Equal Pay Day. In 2015, Equal Pay Day was on April 14th. In 2013, it was on April 9th. Why? The date moves not with the day of the week or the calendar, but based on what the gender pay gap is for the previous year. In 2015, a woman would have had to continue working until April 12, 2016 to make the same salary a man did in the year 2015.

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LGBTQ Anti-Discrimination Laws Around the US

Georgia, North Carolina, and Mississippi have all made the news recently because of legislation that allows discrimination towards LGBT people. However, so far each state’s legislation has resulted in very different outcomes. North Carolina continues to face significant pressure from businesses, artists, and public figures regarding the HB2 “bathroom” bill. This bill requires transgender people to use the gender that was assigned to them at birth when determining where to use the restroom. HB2 prohibits local governments from passing LGBT anti-discrimination ordinances.

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Job Interviews: What Is Legally Off-Limits?

Both employers and potential employees should be aware of the discrimination that can occur as early as the interview and the hiring stage of employment. While employers want to hire candidates who can perform the job and enhance their organization, potential employees want to make a good impression. Though interviews are crucial to the onboarding process—they leave opportunity for discrimination. Many employers may not realize this—and may violate anti-discrimination laws if they screen out a particular, protected class of potential employee.

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