In our October 2023 alert on Defending Litigation Attacks on DEI Programs: A Status Update, we advised to “stay tuned” regarding a pending motion to dismiss filed by Amazon in response to a class action complaint challenging...more
Last month, two courts reached different conclusions about the legality of companies’ diversity equity and inclusion (DEI) programs under Section 1981. The cases display different tactics and defenses and raise questions...more
As we noted in our prior alert, the American Alliance for Equal Rights (Alliance), following the U.S. Supreme Court’s June opinion in Students for Fair Admissions vs. Harvard (SFFA), has sued two large law firms alleging that...more
As previewed in our previous client alert, certain groups have now pursued legal action contending that employers’ diversity, equity and inclusion (DEI) programs are subject to legal challenge based on the U.S. Supreme...more
In our recent post, we discussed seven steps organizations may consider when evaluating potential legal challenges to their diversity, equity and inclusion (DE&I) policies and programs following the Supreme Court’s Students...more
As higher education institutions, state and local governments, private employers and federal contractors grapple with understanding the impacts of the U.S. Supreme Court’s decision in Students for Fair Admissions v. President...more
7/24/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII ,
Universities
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No....more
The Illinois Department of Labor (IDOL) recently published its final rules regarding Illinois Equal Pay Registration Certificates (EPRC). The final rules largely adopt the proposed rules issued last June, which was discussed...more
2/15/2023
/ Certifications ,
Compensation ,
Compliance ,
Covered Employer ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Enrollment ,
Equal Pay ,
Filing Deadlines ,
Illinois ,
Investigations ,
New Legislation ,
Regulatory Requirements ,
Reporting Requirements
The California Civil Rights Department (CRD) released amended FAQs providing guidance on compliance with the new pay data reporting requirements. PDR FAQs – 2022 Reporting Year | CRD (ca.gov) As previously reported here and...more
1/31/2023
/ California ,
Compliance ,
Disclosure Requirements ,
EEO-1 ,
Guidance Update ,
IRS ,
Labor Code ,
Labor Contractor ,
Pay Data ,
Pay Discrimination ,
Remote Working ,
Reporting Requirements ,
Staffing Agencies ,
Third-Party ,
W-2
On December 21, 2022, Governor Kathy Hochul signed Senate Bill S9427A (the NY Law), which requires covered employers to include salary or wage range—and the job description—in job postings. The NY Law will go into effect on...more
As part of California’s ongoing efforts to promote workplace pay transparency, Senate Bill 1162, which amends Labor Code section 432.3 and Government Code section 12999, went into effect on January 1, 2023. On December 27,...more
1/3/2023
/ California ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender Equity ,
New Guidance ,
Recordkeeping Requirements ,
Remote Working ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On August 30, 2022, the California legislature passed SB 1162, that would amend Section 12999 of the Government Code and Section 432.3 of the Labor Code, which expands pay data reporting obligations, requires certain-sized...more
In June 2021, the Illinois Equal Pay Act (IEPA) was amended to add a requirement for certain Illinois businesses to obtain an equal pay registration certificate (EPRC). The Illinois Department of Labor (IDOL) issued its long...more
8/2/2022
/ Compliance ,
Covered Employees ,
Covered Employer ,
Covered Entities ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Illinois ,
Pay Equity Laws ,
Proposed Rules ,
Registration ,
Reporting Requirements ,
Wage and Hour
Employers face new challenges in navigating state and local pay equity laws. New York City joins a number of other jurisdictions that now require employers to disclose pay ranges when advertising job postings – including for...more
4/12/2022
/ Compensation ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Legislative Agendas ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Amendments ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On March 24, 2022, a new pay data reporting requirement will take effect for certain private employers in Illinois. Detailed discussions of this requirement and other aspects of the recent amendments to the Illinois Equal Pay...more
3/18/2022
/ Deadlines ,
Department of Labor (DOL) ,
EEO-1 ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Illinois ,
New Legislation ,
Pay Data ,
Regulatory Requirements ,
Reporting Requirements
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council approved temporary emergency regulations implementing a COVID-19 vaccine mandate for personnel in all entities licensed...more
Faegre Drinker previously reported on one of the first lawsuits challenging a COVID-19 vaccine mandate. As employers continue to evaluate employee vaccination, another lawsuit has been filed in the Central District of...more
As COVID-19 vaccines become more widely accessible, and certain localities relax COVID-19 restrictions, employers hoping to ramp up on-site operations or reduce absenteeism face a new challenge: navigating employee...more
3/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
California’s Department of Fair Employment and Housing (DFEH) has issued new guidance in the form of frequently asked questions on the state’s pay data collection and reporting requirements. To help employers get ready to...more
While many workplaces are settling into a COVID-19 groove of social distancing, masks and sanitizer, we now find ourselves on the cusp of flu season in the United States. Employers may wish to encourage employees to get flu...more
On September 30, 2020, California Governor Newsom signed into law Senate Bill 973, which requires California private employers with 100 or more employees to submit an annual pay data report...more
With the Equal Employment Opportunity Commission’s (EEOC) announcement that it would abandon current efforts to collect the controversial Component 2 pay data, California has taken the first step in filling the void left...more
On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing...more
On June 1, 2020, New Jersey Governor Phil Murphy announced that the state is on track and expected to enter Stage/Phase 2 of the Restart and Recovery Plan on June 15, 2020, which will permit nonessential retail businesses to...more
6/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
Compliance ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Governor Murphy ,
New Jersey ,
Non-Essential Businesses ,
Personal Protective Equipment ,
Phase II ,
Re-Opening Guidelines ,
Recovery Plans ,
Remote Working ,
Social Distancing