News & Analysis as of September 18, 2024

Discrimination › Comment Period

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

New York State Department of Financial Services Issues Proposed Artificial Intelligence Circular Letter

Mayer Brown on 1/26/2024

On January 17, 2024, the New York State Department of Financial Services (“NYSDFS”) released a proposed circular letter addressing the use of external consumer data and information sources (“ECDIS”) and artificial...more

FCC Takes Steps To Combat Digital Discrimination

Perkins Coie on 1/26/2023

Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and...more

With New Title IX Regulations Looming, Now Is the Time to Prepare Your Institution

Steptoe & Johnson PLLC on 7/6/2022

The release by the Department of Education of preliminary proposed new rules regulating the implementation of Title IX requirements on campuses across the country has received extensive attention. The proposed new rules are...more

OFCCP Proposes Clarifying Evidence Standards, Post-Audit Procedures in Regulations

Stinson - Government Contracting Matters on 1/22/2020

The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2018

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and...more

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Littler on 9/17/2018

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees....more

HUD to Seek Comment on Whether Disparate Impact Rule is Consistent With Supreme Court Decision

Ballard Spahr LLP on 5/14/2018

The U.S. Department of Housing and Urban Development (HUD) recently announced that it will “formally seek the public’s comment on whether its 2013 Disparate Impact Regulation is consistent with the 2015 U.S. Supreme Court...more

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

Littler on 10/17/2016

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance...more

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

U.S. Equal Employment Opportunity Commission... on 10/14/2016

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

“A Trap for the Unwary” – Does Your Self-Funded Health Plan Provide Transgender Benefits? It Might Need to Soon.

Snell & Wilmer on 3/31/2016

Assistant Secretary of Labor Phyllis Borzi recently offered informal guidance on the broad scope of nondiscrimination regulations proposed under Section 1557 of the Affordable Care Act. During her remarks at the ABA Labor...more

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Discrimination › Comment Period

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