Turns out, sexual harassment isn’t the only type of sex-based complaint employers are facing. LGBT-related workplace complaints are on the rise, but unlike with sexual harassment, the law isn’t nearly as clear. In fact, it varies extensively across state and federal courts, leaving many employers at a loss to understand their legal obligations. Let’s take a look at what restaurant owners need to know about sex-based discrimination in the workplace – what conduct is illegal and where.Read More
To say the immigration topic in the United States is complicated, is an understatement.
Most recently, the national conversation around the subject has been a heated one arising from President Donald Trump’s efforts to shut down the program known as Deferred Action for Childhood Arrivals, or DACA, which protects and provides benefits to Dreamers, people who were brought to the United States as undocumented children, under the premise that it was unconstitutional.
According to advocacy group New American Economy, out of this segment of the population, which amounts to 700,000 immigrants who are currently protected under the DACA program, almost 19 percent hold an occupation in the restaurant or food service sector, as reported by “CNBC.”
Based on census data from 2011 through 2015, New American Economy estimated that the top three occupations by DACA-eligible workers include cashiers (6.5 percent), waiters and waitresses (4.9 percent), and chefs and cooks (4.6 percent). The statistics from the report indicate that the hospitality industry would be the hardest hit if the program was to be no more.Read More
The Issue: Does applying Colorado's public accommodations law the compel Masterpiece Cakeshop owner to create a product that violates his religious beliefs about marriage violate his freedom of speech protected under the first amendment?
The Supreme Court's decision could have massive implications...
Can the government force them to use their artistic ability to support something they do not? Does food as an artistic expression fall under your right to freedom of speech? Should businesses be held to a different standard as a service to their community?
The Supreme Court heard oral arguments yesterday in the Masterpiece Cakeshop v. The Colorado Civil Rights Commission. In 2012, a same-sex couple walked into Masterpiece Cakeshop with the intention of ordering a wedding cake. But the owner would not create the wedding cake, stating that it would be against his religious beliefs. He did state that he offered any other cake or product in the store, but he would not use his artistic ability to create a wedding cake for an inherently religious ceremony he did not believe in.
Aside from the freedom of religion argument, this case is asking another question: If a baker, a chef, or even a tailor, as Justice Gorsuch questioned, creates a product deemed a work of art, is it protected under free speech? If so, can they decide who they will serve and where do you draw the line?Read More