Category: Discrimination
Support for the Black Lives Matter Movement: Deciphering Between Diversity Inclusion and Equity (Part 8 of 12)
This is the eighth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on educating senior leadership about the differences between diversity, equity, and inclusion. If someone were to ask how your...
Support for the Black Lives Matter Movement: Affinity Groups at Work (Part 7 of 12)
This is the seventh post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on creating effective affinity groups to assist in attracting applicants and maintaining productive employees. An affinity group is an...
Support for the Black Lives Matter Movement: Include Hair Style and Texture In Anti-Discrimination Policies (Part 6 of 12)
This is the sixth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of updating grooming/personal appearance policies and EEO/anti-discrimination policies to include language that forbids discrimination based on...
Support for the Black Lives Matter Movement: Third-Party Intervention Training (Part 5 of 12)
This is the fifth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of third-party intervention training for employees and managers so that they have tools and resources to...
This Week's Show: Title VII Protects Sexual Orientation
On Saturday, July 11, Tawny interviewed Benjamin Ford, Partner in Verrill's Employment & Labor group, for this segment of HR Power Hour. For this episode, Ben and Tawny discuss the U.S. Supreme Court's recent decision, specifically how Title VII protects sexual orientation. Ben learned firsthand that the best product...
Support for the Black Lives Matter Movement: Implicit Bias Training (Part 4 of 12)
This is the fourth post in a 12-part series on how companies can show support for the black lives matter (BLM) movement by changing company policies and practices. This post focuses on implicit bias and the effect it has on the work environment and choices that leaders can make...
Supporting the Black Lives Matter Movement: Anti-Discrimination Training (Part 3 of 12)
This is the third post in a 12-part series on how companies can support the Black Lives Matter movement through changes in company policies and practices. Our last post focused on reviewing and updating your EEO Policies. In this post we will focus on best practices in training managers...
Supporting the Black Lives Matter Movement: Update EEOC Policies (Part 2 of 12)
This is the second post in a 12-part series on how companies can show true support for the Black Lives Matter movement by changing company policies and practices. The focus of this post is to understand the role that a company’s EEOC policy plays in creating a safe work...
Showing True Support for the Black Lives Matter Movement Means Changing Company Policies
Statements of inclusion and solidarity with the Black Lives Matter (BLM) movement by companies are important, but not enough. What are some steps that you as a business owner or HR leader can do to change and implement policies that can lead to actual change? If you don’t already...
To Test or Not to Test: Employer Considerations Amid COVID-19 Pandemic
Q: I am concerned about employees coming to work with a fever—can I test employees’ temperatures before allowing them to work to avoid spreading the coronavirus? Verrill’s View: Maybe—but there are many factors to consider. Generally, taking an employee’s temperature would be a restricted medical examination, but employers may...
2019 Wrap Up: Tis the season to be jolly...and anxious...and depressed
Mental Health and Employment Law now and in 2020The last decade has brought with it a significant increase in the number of claims stemming from allegations of discrimination or retaliation as a result of mental health conditions. While we often see an increase in anxiety and depression around the holidays, the mental health of employees is an...
A Podcast Miniseries for Your HR Needs: HR Law 101
In case you missed it, here is a recap of our Verrill Voices podcast series, HR Law 101: Understanding the HR Basics, hosted by employment and labor attorney Tawny Alvarez. Each episode is intended to provide startup entrepreneurs and HR newcomers with a strong foundational knowledge of the laws...
Times are Changing: Verrill Dana Hosts Full-Day Conference, 2019 Annual Employment Law Update
After a year full of changes for employers paired with a new governor in Maine, Verrill Dana will reflect on recent legal developments in labor and employment law and what the new year might bring during its 2019 Annual Employment Law Update. The full-day conference will take place on...
New Episodes in our HR Law 101 Podcast Miniseries: Understanding the HR Basics
Whether you're the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
On The Twelfth Day of HR, Verrill Dana Gave to Me…
…a stocking full of tip summaries! After a very musical few weeks, we've arrived at the final installment of our 12 Days of HR series. We hope that you've enjoyed singing along with us on our holiday-themed journey through various employment law issues—and learned a few things along the...
12 Days of HR: A Lesson on Implicit Bias Inspired by Rudolph the Red-Nosed Reindeer
The story of Rudolph the Red-Nosed Reindeer has been a long-time holiday staple, both in film and in song. The gist of the story is that Rudolph was born with a glowing red nose, and because of it, he was made fun of and forbidden from participating in the...
Diversity Initiatives Versus Affirmative Action
We talk a lot about the importance of diversity in the workforce: Having a diverse group of employees. The ability to choose from a diverse group of applicants. Making a job attractive to diverse candidates. While some employers may be required under federal law to track and maintain a...
A Podcast Miniseries, HR Law 101: Understanding the HR Basics
Whether you're the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
Dear Byron: Let's Talk About Prior Salary
[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] Dear Byron D. Verrill: When I'm interviewing applicants for a new position is it okay for me to ask about prior or current salary at other employers? Thanks, Hugh Gotthis Dear...
Massachusetts Equal Pay Act: 6 Things Employers Need to Know
In the latest episode of Verrill Voices, labor and employment attorney Tawny Alvarez discusses best practices for complying with the upcoming amendments to the Massachusetts Equal Pay Act (MEPA), which was initially passed in order to establish pay equity among employees of different genders. Within the podcast Tawny covers...
Can the Inclusion Rider Exist In and Out of Hollywood?
Frances McDormand ended her Oscar acceptance speech with two words: Inclusion Rider. She forced the audience, the public, and the press to ask, "What's an inclusion rider?" She later informs curious minds that there has always been a rider available to individuals (likely A-list actors/actresses) who negotiate, ask for...
Searching for Answers: Ex-Google Employees File Suit
Yesterday, James Damore, the engineer who authored the Google Memo , which set forth his view on gender bias and diversity in technology, and who was later fired, filed a class-action lawsuit in the Santa Clara Superior Court in California. Joining him in the suit is fellow ex-employee, David...
The "Weinstein Effect" and Workers' Comp: When Sexual Harassment or Assault is a Work-Related Injury
Anyone who is even half-paying attention to the news has been reminded that, despite years of open discussion and training around the issue of appropriate behavior in the workplace, some things just haven't changed. There are still predators, idiots and bores among us. As the season for office holiday...
Podcast: Employment Policies in the Trump Administration
In this Verrill Voices podcast, labor and employment attorneys Tawny Alvarez and Richard Moon discuss recent administrative and legislative developments, how they affect employers generally. More specifically, they discuss the current position in which the Department of Justice and the EEOC are taking separate and distinct positions on the...
Spouse’s “Unjustified Jealousy” is Sufficient to Maintain Sex Discrimination Claim
Has your attorney ever told you justice is not swift? Well just ask Yogi Dilek Edwards, she would likely have some general thoughts on the speed of justice. Three and a half years ago we posted that a Manhattan yoga instructor had filed a claim of gender discrimination after...
Podcast: Affinity Groups in the Workplace
While affinity groups can be a great marketing tool for employers to attract and retain workers, as well as to foster new ideas, they can also create a great deal of legal liability. For some background, affinity groups are generally formalized groups that share similarities of some sort, whether...
The Bay State Rules Qualified Medicinal Marijuana User Has Civil Remedy Against Her Employer
Last week, the Supreme Judicial Court of Massachusetts issued an opinion in Cristina Barbutos v. Advantage Sales and Marketing, LLC, SJC-12226 (Ma. July 17, 2017), finding that an employee qualified to use marijuana under the Commonwealth's medicinal marijuana statute had a cause of action against her former employer through...
Connecticut Pay Equity Bill Moves Forward
Earlier this week, bill HB5591 , which has been touted as legislation that will help to close the gender pay gap between Connecticut employees, cleared the House of Representatives with a vote of 139-9. The bill, unlike the Massachusetts law that goes into effect next year, does not include...
Seventh Circuit Holds Sexual Orientation Bias Exists Under Title VII
Earlier this week, the Seventh Circuit in an en banc (all members of the court participating as opposed to only three) decision held that Title VII's ban on sex discrimination encompasses discrimination based on sexual orientation. The 8-3 ruling represents the first federal court of appeals ruling to find...
Till Death Do Compensatory Damages Part . . . Or Not: Eight Circuit Finds Compensatory Damages Claim Under the ADA Lives Past Claimant’s Death
On Thursday, January 19, 2017, the Eighth Circuit issued an opinion in Guenther v. Griffin Constr. Co. , 16-1760 (8 th Cir. Jan. 19, 2017), and held that a claim for compensatory damages brought under the Americans with Disabilities Act (ADA) survives the death of the aggrieved party. The...
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