Toolkits
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Each toolkit contains resources and information about federal anti-discrimination law that you can use for your own professional development, team meetings, trainings, and workshops with your staff. Use our power point slides to present on a specific topic. Download and print our PDF handouts. Use all the tools in our toolkits to stand out and improve your team’s knowledge and insight into critical anti-discrimination law.

Issues

In this section, you can browse our toolkits by issues, such as sexual harassment, differing terms and conditions of employment, failure to hire, general harassment, and more.  Sub-categories are divided below into individual issues, so you can browse and find exactly what issue you’re most interested in researching.

Accent & Language Issues

Language and accent issues relate directly to the protected category of national origin, and the three are inextricably linked.  This section explores topics related to accents, hiring and promotion, harassment, and English-only rules, including what courts have said about employer and employee practices.

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

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Comparators

Whether two individuals are “similarly situated” determines whether they are suitable comparators.  Here, you’ll find cases that deal with what constitutes a similarly situated comparator, and how different courts have evaluated comparators.  In anti-discrimination law, an employee bringing suit must show that she was treated differently than a comparator in order to prevail in a claim.

Disparate Treatment

In employment law, disparate treatment generally means any differing treatment based on one or more protected classes under anti-discrimination laws.  Disparate treatment often looks like differing terms and conditions of employment, but there are many categories of disparate treatment.  These cases examine disparate treatment generally across various statutes and protected bases.

English-Only Rules

English-only rules are scrutinized carefully in employment contexts.  Courts use specific tests to evaluate whether an English-only rule is allowed only if it is designed to create safe and efficient job performance or business operations.  These cases evaluate a number of English-only rules and guidance related to these policies.

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

Read More »

Harassment and Intimidation

Intimidation refers to workplace harassment other than sexual harassment.  Both harassment and intimidation must be considered “severe” or “pervasive” in order to result in liability to a company.  And how a business or organization responds to reports of harassment will determine whether an illegal violation has occurred.

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

Read More »

How to Avoid Age Discrimination in Employment

Age discrimination is illegal under the ADEA for employees over 40 years of age. However, age cannot simply be a motivating factor in an adverse employment action. Age must be the primary, but for cause of the adverse action to show a violation of the ADEA.

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Hiring and Promotion

Hiring decisions necessarily factor in many different variables, but hiring decisions must not be based on protected class discrimination.  Similarly, promotion decisions should not include factors such as disability, national origin, sex, or any other protected category.  These toolkits explore a variety of hiring and promotion cases.

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

Read More »

How to Avoid Age Discrimination in Employment

Age discrimination is illegal under the ADEA for employees over 40 years of age. However, age cannot simply be a motivating factor in an adverse employment action. Age must be the primary, but for cause of the adverse action to show a violation of the ADEA.

Read More »

Terms and Conditions

Terms and conditions of employment refer in employment law to unequal treatment or disparate treatment.  This broad category encompasses any term or condition of employment that is different because of membership in a protected category or in retaliation for engagement in related protected activity.

Reasonable Accommodations may be Preferential

Employers must provide reasonable accommodation to employees with disabilities unless doing so would cause undue hardship for the business. The 2002 U.S. Airways case clarified that reasonable accommodations may constitute preferential treatment toward individuals with disabilities, despite company policies, rules, or practices.

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Protected Bases

In this section, you can browse our toolkits by protected category, including sex, religion, race, color, national origin, disability, and age, as well as retaliation for engaging in related protected activity.  Sub-categories are divided below into individual bases, so you can browse and find exactly what issue you’re most interested in researching.

Age

How to Avoid Age Discrimination in Employment

Age discrimination is illegal under the ADEA for employees over 40 years of age. However, age cannot simply be a motivating factor in an adverse employment action. Age must be the primary, but for cause of the adverse action to show a violation of the ADEA.

Read More »

Disability

Reasonable Accommodations may be Preferential

Employers must provide reasonable accommodation to employees with disabilities unless doing so would cause undue hardship for the business. The 2002 U.S. Airways case clarified that reasonable accommodations may constitute preferential treatment toward individuals with disabilities, despite company policies, rules, or practices.

Read More »

National Origin

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

Read More »

Race

Sex

Statutes

In this section, you can browse our toolkits by statute, including the Americans with Disabilities Act, as amended (ADAA); Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act (ADEA); the Equal Pay Act (EPA); and more. 

Age Discrimination in Employment Act

How to Avoid Age Discrimination in Employment

Age discrimination is illegal under the ADEA for employees over 40 years of age. However, age cannot simply be a motivating factor in an adverse employment action. Age must be the primary, but for cause of the adverse action to show a violation of the ADEA.

Read More »

Americans with Disabilities Act

Reasonable Accommodations may be Preferential

Employers must provide reasonable accommodation to employees with disabilities unless doing so would cause undue hardship for the business. The 2002 U.S. Airways case clarified that reasonable accommodations may constitute preferential treatment toward individuals with disabilities, despite company policies, rules, or practices.

Read More »

Title VII of the Civil Rights Act of 1964

Discrimination based on language or accent is illegal. Human Resources poster for employee and manager or supervisor training on employment best practices, anti-discrimination, and respectful workplace.

Dealing with Accent Issues in Employment

If an accent does not “materially interfere” with an employee’s ability to communicate in English, an employer may not base an employment decision on the accent. Language, accent, and national origin are all connected, and Title VII expressly prohibits discrimination based on national origin.

Read More »

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