News & Analysis as of

Hiring & Firing Title VII Employment Policies

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Jones Day

U.S. Supreme Court Modifies Title VII's Adverse Action Standard

Jones Day on

The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases....more

Chartwell Law

U.S. Equal Employment Opportunity Commission Strategic Enforcement Plan

Chartwell Law on

Last month, the U.S. Equal Employment Opportunity Commission (EEOC) published its Strategic Enforcement Plan (SEP) for Fiscal Years 2024-2028. The SEP sets forth six enforcement priorities for the next several years. It...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

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On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Fisher Phillips

10 Biggest Takeaways for Employers as Federal Appeals Court Expands Scope of Anti-Bias Law

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One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2)

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An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Bowditch & Dewey

MA Federal Court Issues Favorable Ruling for Employers in Case Involving COVID-19 Vaccine Mandate and Request for Religious...

Bowditch & Dewey on

On July 20, 2023, the United States District Court for the District of Massachusetts dismissed an employee’s Title VII lawsuit, by which she challenged her employer’s denial of her request for religious exemption from a...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

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Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Epstein Becker & Green

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

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This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Jackson Lewis P.C.

The “S” in ESG: Tying Compensation To DEI Goals

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As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Cozen O'Connor

Employment Law Now VI-116-Top 10 Employment Issues To Consider For The Summer Kick-Off

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As we approach the unofficial start to Summer 2022, today's new episode addresses the 10 issues that should be on the radar of all employers....more

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: November 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Littler

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

Butler Snow LLP

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

Fisher Phillips

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

Saiber LLC

Court Upholds Employee’s Termination for Violating Employer’s Social Media Policy

Saiber LLC on

On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more

DirectEmployers Association

OFCCP Week In Review: December 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Husch Blackwell LLP

OFCCP Investigates Companies For Diversity Hiring Plans

Husch Blackwell LLP on

Earlier this month, the Wall Street Journal reported that the Department of Labor Office of Federal Contract Compliance Programs (OFCCP) launched probes of two large companies, challenging their diversity initiatives to...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Polsinelli

OFCCP Issues New Guidance on the Status of Non-Binary Employees in Affirmative Action Programs

Polsinelli on

The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more

DirectEmployers Association

[Webinar] Transitioning Your Workplace After the Supreme Court’s Blockbuster LGBTQ Decision - July 14th, 2:00 pm - 3:30 pm ET

In this fast-paced 90 minute Webinar, John Fox and his law partner Jay Wang will briefly discuss the several legal conclusions of importance before turning to a more detailed and practical discussion of what employers covered...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not...more

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