CUPA-HR’s Post

Each month, Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher education workplace. Read the latest from Ira in CUPA-HR: https://lnkd.in/e-aXu4nf #HigherEducation #Compliance #Unions

Each month, Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher education workplace. To read the latest from Ira in CUPA-HR, visit: https://lnkd.in/eJqX_brs #NLRA #TitleIX #TitleVII

The Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers with five or more employees from asking about your conviction history before making you a job offer. This type of law is also known as a “Ban the Box” law. California enacted the Fair Chance Act to reduce barriers to employment for individuals with conviction histories because gainful employment is essential to these individuals supporting themselves and their families and improving their community ties and mental health – all of which reduce recidivism. The Fair Chance Act is part of California’s employment antidiscrimination statute called the Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department (CRD). #SecondChanceAct #SecondChanceMonth #BreakingBarriers #Unemployment #Entrepreneurship #Leadership #Consultant #socialnetworking #strategy #LinkedIn #Employer #Employment

New forthcoming publication, coming this year in the UC Law Journal of Race and Economic Justice! I consider the legacy of the 1975 Supreme Court case Emporium Capwell Co. v. Western Addition Community Organization in restricting the scope of independent concerted actions by racially discriminated against union employees under Section 9 of the National Labor Relations Act. I trace how this case - an 8-1 decision written by Thurgood Marshall and featuring a prophetic dissent by William O. Douglas - inadvertently laid the groundwork for today's widespread use of "privatized justice" by arbitrators to decide cases of racial discrimination in the workplace. I close with some theoretical reflections on how the legacy of Emporium Capwell provides fertile common ground for both Realist-derived theories (especially Critical Race Theory) and Marxist theories of law, approaches that are often seen as foils of each other on how they understand the determinateness of law. This article would not have been possible without the always insightful discussions by participants in Prof. Darren Hutchinson's Critical Race Theory Seminar: Diamond Belgrave, Dana Brooks, Kiera Crandall, Brianna Cruz, Lashay Holmes, Shyanne K., Melanie Magwood, J.D., Xander Melnick, Sara Sacks, Emory Thompson, and Allison Williams.

We're one day away! Be sure to register: https://lnkd.in/gpUD_WUE Join the HBA Labor & Employment Law Section on Tuesday, June 11, from 12-1 pm, at Brennan's of Houston, for our next CLE luncheon: The Future of Corporate DEI Initiatives – What’s an Employer or Plaintiff’s Lawyer to Do? Following the Supreme Court’s decisions on affirmative action in the education sector, many law firms and public-facing employers have become targets of litigation threats by interest groups set on challenging diversity, equity, and inclusion initiatives. The Fifth Circuit’s August 2023 decision in Hamilton vs. City of Dallas may now pave the way for litigation challenging common aspects of employers’ diversity, equity, and inclusion initiatives. The panelists will discuss employment law risks associated with diversity, equity, and inclusion initiatives, how plaintiffs may use recent rulings to challenge employers’ selection, promotion, compensation, and termination practices, and ethical issues associated with advising and representing employers and plaintiffs in light of same. Presenters: Jamila S. Mensah, Partner, Norton Rose Fulbright Larry Stuart, Managing Principal, Stuart PC #employmentlaw #laborlaw #laborandemployment #DEI #diversity #equity #inclusion#HBA #Houstonbar #CLE #networking

Cozen O'Connor is pleased to announce that Sandi Dubin, a veteran New York labor and employment attorney with more than 20 years of experience helping major employers and higher education institutions manage and resolve their labor relations issues, has joined its nationally recognized Labor & Employment Department. Read more via the link in the comments. #laborandemployment #lateralhiring #cozenoconnor #legalrecruiting #nyclawyer

DE&I work is legal in the U.S. Remember that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin, and the Age Discrimination in Employment Act of 1967 protects employees and job applicants who are 40 years of age or older from discrimination based on age in hiring, promotion, discharge, compensation, or terms, conditions, and privileges of employment embody aspects of the spirit of DE&I. A well-structured DE&I strategy aligned with current laws mitigates legal risk. So stand your ground as critics argue that such practices could lead to hiring less qualified candidates. Listen to our recent EDGEtalks with Chai Feldblum, a long-time civil rights advocate, scholar, and former Commissioner of the Equal Employment Opportunity Commission in the U.S, as she explains more - https://lnkd.in/djX5CBgY #DEI #US #HR #DEIStrategy #EDGEtalks #RealWorldChange

In four weeks, McNees is hosting its 33rd annual Labor and Employment Seminar! Are you looking to better understand the lawsuit process? Our Anatomy of a Lawsuit learning track is here to provide practical advice and trending insights on the subject. Sessions include: - Conducting Effective Investigations: Learn best practices for investigating complaints of discrimination to set the table for a successful defense with Jennifer Will and Ursula Siverling. - Best Practices for Surviving (and Prevailing) Before Administrative Agencies: Discover ways for persevering and prevailing through the administrative agency phase with M. Abbegael Giunta and Conner Porterfield.  - You Got Served - With a Lawsuit: Examine HR's role in preparing for trial with Rochelle Koerbel and Adam Long. - Plaintiff's Perspective: Take a look behind the curtain at how plaintiff counsels view your case with Schaun Henry and Mark Hipple. Join us virtually on Thursday, May 16, and in person at Elizabethtown College on Friday, May 17. Register and reserve your seat at the link below. #McNees #LaborAndEmployment #Lawsuit

The #Wisconsin Court of Appeals has narrowed the scope of the Wisconsin Fair Employment Act (#WFEA) prohibition on considering employees’ arrest and conviction records by holding the act does not prohibit employers from terminating employees based on noncriminal, municipal citations. Jackson Lewis attorneys Susan Corcoran, Michaela Hendricks and John Woodson discuss below. #EmploymentLaw 

The clash between DEI initiatives and those claiming reverse discrimination is just heating up. What do you suggest employers should do to foster diversity and inclusion while avoiding employment claims for reverse discrimination?#employmentlaw #employmentlawyer #deibestpractices