The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more
3/1/2024
/ Athletes ,
Civil Rights Act ,
Coaches ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Football ,
Hiring & Firing ,
Minorities ,
NFL ,
Recruitment Policies ,
SCOTUS ,
Sports ,
Students for Fair Admissions v Harvard College ,
Title VII
New York Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free Act,” which will provide protections for freelance workers, mirroring those already provided in New York City....more
On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more
7/5/2023
/ Artificial Intelligence ,
Audits ,
Automation Systems ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Notice Requirements
Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses...more
4/24/2023
/ Climate Change ,
Commuting ,
Corporate Governance ,
Corporate Social Responsibility ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Hiring & Firing ,
Investors ,
Retirement Plan ,
Sustainability ,
Sustainable Business Practices
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more
On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more
2/3/2023
/ ADEA ,
Age Discrimination ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Analytics ,
Artificial Intelligence ,
Automation Systems ,
Civil Rights Act ,
Comment Period ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NPRM ,
Public Hearing ,
Screening Procedures ,
Title VII
On January 23, 2023, the New York City Department of Consumer and Worker Protection (DCWP) held a public hearing on updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law...more
1/25/2023
/ Artificial Intelligence ,
Automation Systems ,
Background Checks ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Municipalities ,
Proposed Rules ,
Public Hearing ,
Screening Procedures ,
Strategic Enforcement Plan
On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law...more
As we previously reported, on September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local...more
On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on...more
As we previously reported, restrictions concerning the use of automated tools to screen candidates for employment or employees for promotion within New York City are scheduled to take effect on January 1, 2023. The New...more
Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1,...more
1/7/2022
/ Analytics ,
Artificial Intelligence ,
Automated Systems ,
Data Collection ,
Disclosure Requirements ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Machine Learning ,
Penalties
Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series will offer tips for doing business in the U.S. Virgin Islands, covering...more
7/8/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Virgin Islands
As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019.
Senate Bill 5248A,...more
Continuing the trend of substantial and expansive legislative changes in employment law, the New York State Senate and Assembly have passed Senate Bill 5248A and Senate Bill 6549. The first bill, S5248A, will prohibit wage...more
On November 10, 2018, the U.S. Virgin Islands joined the “ban-the-box” movement by enacting legislation regulating employers’ use of the criminal records of applicants and employees. Currently, 32 states and over 150...more
On April 10, 2018, Westchester Country Executive George Latimer signed into law the Wage History Anti-Discrimination Law, which was adopted by a unanimous vote of the Westchester County Board of Legislators a day earlier. The...more
The Third Circuit Court of Appeals recently created a circuit split when it disagreed with prior decisions from the Second, Sixth, and Eighth Circuits regarding the Age Discrimination in Employment Act of 1967 (ADEA). In...more
In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting...more
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to...more