Legal Traps Associated with Affinity Groups

Anne-Marie Vercruysse Welch and Emory D. Moore, Jr., both management attorneys, write with two attorneys who represent employees, Jennifer Kroll and Heidi Sharp. The four authors identify, and offer guidance for avoiding, the varied and sometimes surprising ways in which creation of affinity groups can give rise to employer liability under diverse legal regimes including anti-discrimination laws, the National Labor Relations Act (NLRA) (for private sector companies), and the U.S. Constitution (for public sector employers).