Robert Whitman quoted in Bloomberg BNA Daily Labor Report

Robert Whitman was quoted in an April 15 story “If Women, Racial Minorities Make Less In Tips, Can They Sue Employers for Bias?” from Bloomberg BNA Daily Labor Report on the lack of case law to support bringing a discrimination claim when evidence shows that women and racial minorities who work in tipped restaurant jobs earn less than male and white servers. Whitman said that a neutral employment practice that has a materially adverse effect on a particular protected group can be unlawful if the practice is not job-related and consistent with business necessity.