Protecting Employers Since 1985

Refusal to Participate in “Unconscious Bias” Training is Not Protected Opposition

By Alan E. Seneczko / July 30, 2024

In my last blog, “DEI Run Amok: First Thing We Do, Let’s Get Rid of the White Guys,” I addressed the dangers an employer faces when it purges white employees from the workforce in the pursuit of DEI objectives. Today, we address the opposite – employees who refuse to participate in DEI initiatives, like unconscious…

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Diversity and Inclusion Run Amok: “First Thing We Do, Let’s Get Rid of the White Guys”

By Alan E. Seneczko / May 25, 2024

With apologies to Shakespeare, the above version of his oft-quoted passage is a good reflection of what not to do when carrying out Diversity, Equity and Inclusion initiatives, as a North Carolina healthcare conglomerate learned the hard way – to the tune of $2,457,527 in backpay, $1,078,066 in front pay, $332,793 in prejudgment interest, and…

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Eleventh Circuit Puts The Breaks On Florida’s Individual Freedom Act (a/k/a “Stop Woke Act”) 

By James B. Sherman / March 29, 2024

Florida Governor Ron DeSantis and the Sunshine State’s legislature have been aggressively opposed to certain fringe elements of DEI initiatives. In 2022 they enacted the Individual Freedom Act to prevent schools as well as employers from subjecting students or workers to instruction or training that compels them to believe in various banned subjects.  Among the…

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NLRB Decision Finds Home Depot USA, Inc. Constructively Discharged Minnesota Employee Who Refused To Remove A BLM Insignia From His Store Apron   

By James B. Sherman / March 28, 2024

While Florida’s court battle over DEI may not be over, oddly enough, workers opposed to mandatory DEI training may have better luck going to the National Labor Relations Board.  For starters, consider that the Board’s General Counsel, Jennifer Abruzzo has declared in a memo that federal labor law protects the right of employees to refrain…

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What To Make Of Diversity, Equity, And Inclusion (DEI) In The Workplace?

By James B. Sherman / July 31, 2023

In the aftermath of the protests and civil unrest of 2021, more and more businesses embraced what has come to be known as “diversity, equity, and inclusion,” or DEI.  Today, most people have at least some general understanding of what DEI is about.  For many businesses DEI represents a commitment to promote diversity and equitable…

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