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DEI Initiatives in Reverse Discrimination Claims: Circuit Courts Weigh-In

A federal appeals court has affirmed a jury verdict awarding nearly $4 million in lost wages, benefits, and interest to a white male employee who based reverse discrimination allegations in part on circumstantial evidence...more

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT...

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive...more

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

U.S. Supreme Court Rejects the Mixed-Motive Analysis in Retaliation Claims

The U.S. Supreme Court held on Monday that a plaintiff alleging retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that retaliation was the “but-for” reason for an adverse employment...more

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