*Macy Hamlett I. Introduction In Chislett v. New York City Department of Education, the Court of Appeals for the Second Circuit recently held that mandatory implicit bias training may give rise to race-based hostile work environment claims.[1] With the Second Circuit’s decision strengthening claims, the surge of hostile workplace cases centered around Diversity, Equity, andContinue reading “From Inclusion to Exposure: The New Risks of DEI Initiatives in the Workplace Under Title VII”
Tag Archives: Employment Law
When the Sixth Circuit Goes Rogue: Bivens v. Zep, Inc. and Title VII Confusion
*Macy Hamlett I. Introduction The Sixth Circuit recently decided in Bivens v. Zep, Inc. that an employer cannot be held liable for third-party actions under Title VII of the Civil Rights Act of 1964 unless they “‘intend[ed]’ for the relevant unlawful ‘consequence.’”[1] The Bivens decision creates a new obstacle for employees to hold their employersContinue reading “When the Sixth Circuit Goes Rogue: Bivens v. Zep, Inc. and Title VII Confusion”
Disability Accommodations: Only Workin’ 9–5?
*Melissa Bosley The Americans with Disabilities Act requires that employers make “reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual.”[1] At times, qualified individuals with disabilities may find physically commuting to the job site difficult. For example, an employee with a vision-distorting condition may require magnifying equipment to successfully completeContinue reading “Disability Accommodations: Only Workin’ 9–5?”
Bad Financials or Pretextual Reasoning: Is the Closure of Unionizing Stores Illegal Union-Busting?
*Erin Turvey I. INTRODUCTION In 2021, American approval of labor unions reached the highest point since 1965.[1] During the first half of fiscal year (FY) 2022, union representation petitions[2] filed with the National Labor Relations Board (NLRB) increased by 57%.[3] Moreover, unions won more NLRB representation elections in the first half of FY 2022 thanContinue reading “Bad Financials or Pretextual Reasoning: Is the Closure of Unionizing Stores Illegal Union-Busting?”
Her Crown and Glory: CROWN Act Takes Effect in Maryland
*John Chase Among the new laws that took effect in Maryland on October 1, 2020, the CROWN Act intends to end employer discrimination arising from traditionally African-American hairstyles.[1] California was the first state to pass similar legislation in 2019, and Maryland is the latest in joining five others that have followed suit.[2] At the federalContinue reading “Her Crown and Glory: CROWN Act Takes Effect in Maryland”
University of Baltimore Law Review 