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Employment Law in Motion

A legal blog for employers

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Supreme Court Rules Website Designer’s Right to Free Expression Outweighs Duty Not to Discriminate in Providing Certain “Expressive” Goods and Services
Digesting the multiple decisions from the U.S. Supreme Court is going to take time and Miller Nash’s labor & employment team will provide more substantial insight in due course. In the meantime, however, we wanted to provide some initial impressions...
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Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace
Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can create a hostile environment i...
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“No Spanish” Rule Is National Origin Discrimination and Retaliation, Says EEOC
Recently, the Equal Employment Opportunity Commission (EEOC) settled charges of national origin discrimination and retaliation against Total Employment and Management (TEAM)—a Washington employer who instituted a “No Spanish” rule in its workplace....
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Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace
The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school district fortifies an ongoing...
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All Hair is Good Hair: An Update on the CROWN Act and State CROWN Acts
For years, American employers have enforced employee dress and grooming standards, some of which include standards on hairstyles. In the past, the U.S. Equal Employment Opportunity Commission (EEOC) has indicated that “race” includes more than the co...
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Employers Can’t Require Employees to Arbitrate or Waive Collective Actions of Sexual Assault or Sexual Harassment Disputes
For many years, employers have relied on the Federal Arbitration Act (“FAA”) and pre-dispute arbitration agreements to require employees to privately arbitrate disputes, rather than pursue them in the judicial system or participate in class actions....
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