Articles Posted in discrimination

Big data has changed how companies hire, monitor performance, and manage worker risk. While analytics are often presented as objective decision-making tools, their real-world use raises serious legal and ethical concerns—especially for workers with disabilities. The risks of data-driven discrimination in hiring and workforce structuring are now more significant than ever. A recent industry discussion…

Massachusetts Continuing Legal Education (MCLE) appointed attorney Philip Gordon to the faculty for its 18th Annual Employment Law Conference on December 4, 2015. This selection recognized his more than three decades of experience guiding organizations and employees through employment law challenges. The 2015 conference brought together attorneys, policymakers, HR professionals, and workforce advocates from around…

In October 2015, the state of New York reshaped its employment law framework by dramatically expanding discrimination protections for workers and job applicants. The legislative package, signed by Governor Andrew Cuomo, strengthened employer obligations under key sections of the state’s New York State Human Rights Law. These changes were widely seen as response to evolving…

The Equal Employment Opportunity Commission is taking a stance to protect transgender workers from employment discrimination.  Though there is currently no federal statute expressly prohibiting this type of discrimination, the EEOC has chosen to pursue these matters under the sex discrimination clause of Title VII. One recently decided case involved a transgender employee working for a…

The National Committee on Pay Equality named Tuesday, April 14, 2015 Equal Pay Day in an effort to call attention to the inequitable pay gaps that still exist between female and male workers. Each year the organization selects a day to commemorate individuals who are making strides towards pay equality and influence business owners to examine…

The Equal Employment Opportunity Commission (EEOC) recently handed New York’s Department of Citywide Administrative Services (DCAS) a huge blow, when it issued a determination against the agency totaling more than $246 million. Details of the Case On behalf of a group of African American and Hispanic Administrative Managers, the Communications Workers of America filed a charge…

The Fourth Circuit reopened the door for a class action suit to proceed against a South Carolina company on allegations of racial discrimination. The suit started with seven black plant employees who brought suit in 2004 on behalf of a proposed class including more than 100 former and current black employees. The plaintiffs alleged that…

In 2010, former employees filed a lawsuit against Goldman Sachs, alleging that the company perpetuates employment discrimination against female workers. USA Today recently reported that two plaintiffs are seeking to certify the lawsuit as a class-action case, which will expand the time frame of the lawsuit. They reportedly hope to include allegations spanning back over two…

In Michigan this week, bipartisan legislation was signed protecting mothers who nurse their children in public from discrimination and prosecution. 45 states now have some form of law allowing women to breastfeed in public or private locations. The new statute confirms that mothers who breastfeed their children in public cannot be discriminated against or prosecuted…

Philip served on the Panel for the National Convention of NELA for the program entitled, “Class Actions After Dukes & Genesis HealthCare Corp: The Ongoing Attack On Representative Testimony In Class Actions,” NELA 2014 National Convention (June 25-28, 2014) (View Article) Growing Scrutiny Around Representative Evidence in Employment Class Actions The discussion focused on the…