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Discrimination › Corporate Counsel

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 +
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 race, religion, gender, age, to name a few.  less -
Husch Blackwell LLP

California Privacy and AI Legislation Update: September 2, 2024

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On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more

Husch Blackwell LLP

California Privacy and AI Legislation Update: August 12, 2024

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Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date. We are currently tracking thirteen...more

Hogan Lovells

Updates to Colorado AI Act expected

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Governor Polis, Attorney General Weiser, and Colorado State Senator Rodriguez have announced plans to engage in a process to amend the Colorado AI Act....more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Littler

Littler Lightbulb: March Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Orrick, Herrington & Sutcliffe LLP

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

Orrick, Herrington & Sutcliffe LLP on

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

Husch Blackwell LLP

AI Legislation Update: March 26, 2024

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Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...more

Husch Blackwell LLP

AI Legislation Update: March 6, 2024

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Keypoint: Since our inaugural post on US artificial intelligence legislation, the first AI bill from this year is set to pass in Utah, new bills have been introduced in Connecticut, Illinois, New Jersey, and several bills...more

Littler

Data Privacy and AI: What Should UK and EU Employers Look out for in 2024?

Littler on

As we look ahead to 2024, it is clear that both data protection and AI will continue to take center stage in the UK, as it will in many other countries. In this article we look ahead to the developments that are expected...more

Alston & Bird

Is the DOJ’s “Pattern or Practice” of Extracting Settlements from Companies Not Hiring Immigrants Valid?

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Our Immigration Team explores the legal foundation of how the Department of Justice has convinced companies to settle suits brought under the unfair immigration-related employment practices statute....more

Sheppard Mullin Richter & Hampton LLP

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

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Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter July 2023

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general across the country and...more

Wiley Rein LLP

A New White House Project on Responsible AI Sends a Message to the Private Sector, Including Contractors

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It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

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It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should be Watching in 2023

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2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims. ...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

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In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Fox Rothschild LLP

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

Bradley Arant Boult Cummings LLP

You Have Mail (Better Read It): District Court Finds EEOC 90-Day Deadline Starts When Email Received

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If a letter from the EEOC is in your virtual mailbox but you never open it, have you received it? Most of us are familiar with the requirement that a claimant who files an EEOC charge has 90 days to file a lawsuit after...more

Jackson Lewis P.C.

Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims

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On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no...more

Sheppard Mullin Richter & Hampton LLP

New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws

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On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws. First, the New York State Human Rights Law (“NYSHRL”), New York...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Tarter Krinsky & Drogin LLP

PERM Lessons From Facebook Settlements With The Department Of Labor and Department Of Justice

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On October 19, 2021, the Department of Labor (DOL) and Department of Justice (DOJ) settled with Facebook over its alleged discrimination against U.S. workers relating to the manner it conducted recruitment under the permanent...more

Sherman & Howard L.L.C.

Huge Verdict Reminds Us That “White” and “Male” Are Still Protected Characteristics

Sherman & Howard L.L.C. on

A federal jury in North Carolina awarded a former health executive $10 million in punitive damages after finding that his race and gender—white and male—were motivating factors in his ex-employer’s decision to fire him... ...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

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The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more

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