News & Analysis as of

Race Discrimination Gender Discrimination Employer Liability Issues

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day One Recap

The following is Part 1 of a 3-Part series reporting on the 24 presentations at the DirectEmployers (“DE”) Annual Meeting (DEAMcon24) of Members and the public. DE will publish the second installment on Monday, April 22, and...more

McDermott Will & Emery

Diskriminierung im Bewerbungsprozess? Was Sie als Arbeitgeber jetzt wissen sollten

McDermott Will & Emery on

Die Ampelkoalition hat in ihrem Koalitionsvertrag die Ausweitung des Anwendungsbereichs des Allgemeinen Gleichbehandlungsgesetz (AGG) vorgesehen. Ob dies in dieser Legislaturperiode tatsächlich noch geschieht, ist fraglich....more

Nelson Mullins Riley & Scarborough LLP

Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role.  In the past month, the EEOC...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Husch Blackwell LLP

Employment Discrimination in Fitness Centers: How Employers Can Combat Harassment and Create an Inclusive Environment for...

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When “Gymtimidation” Turns Into Discrimination- The issues of acceptance and comfort in fitness centers can pose serious challenges for owners. A healthy gym environment can empower all individuals, regardless of age,...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

Poyner Spruill LLP

Update Your EEOC Poster

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It is more important than ever that employers ensure their policies and practices do not violate Title VII and other civil rights laws. As part of that compliance, employers should replace their “EEO is the Law” workplace...more

Proskauer - California Employment Law

California Employment Law Notes - March 2022

California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more

Foley Hoag LLP

NYC Employers Face New Restrictions on Use of Artificial Intelligence in Hiring

Foley Hoag LLP on

As technological advances have given employers artificial intelligence (AI) based tools to assist them in the hiring process, New York City has taken note. Recently, New York City adopted a new measure restricting the use of...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

Payne & Fears

[Webinar] Hot Topics in Return-to-Office Legal Issues and Accommodations - September 30th, 12:00 pm - 1:00 pm MST

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Don't miss our upcoming webinar, "Hot Topics: Return-to-Office Legal Issues & Accommodations," hosted by Jim R. Moss, on September 30, 2021 from 12:00-1:00 MST. Topics include: - Proof of vaccination and mask...more

NAVEX

Diversity, Equity, and Inclusion: More Transparency and Accountability

NAVEX on

Perhaps no year has forced employers to re-examine their work environments more than 2020. While COVID-19 has thrust upon us a workplace that is physically amorphous, the Black Lives Matter movement has also created an...more

Seyfarth Shaw LLP

A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged

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Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Multiple Internal Complaints Support Retaliation Claims

Retaliation claims now constitute the most frequently cited basis for charges filed before the Equal Employment Opportunity Commission. Lawsuits based on retaliation can be especially dangerous for employers because they do...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Epstein Becker & Green

Virginia Becomes First Southern State to Ban Race Discrimination Based on Hair Texture, Type, and Styles

Epstein Becker & Green on

First of Many Anticipated Employment Changes in Virginia, Including Expanded Coverage and Remedies for the Virginia Human Right Act and Minimum Wage Increases....more

Fisher Phillips

Crazy Rich Pay Equity Dispute? Movie Co-Writer Quits Project After Claiming Pay Equity Problem

Fisher Phillips on

Pay equity concerns in Hollywood are not limited to famous actresses (such as Michelle Williams) or comediennes (such as Mo’Nique). As reported this week by the Hollywood Reporter, the co-writer of smash hit “Crazy Rich...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

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Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

McAfee & Taft

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

McAfee & Taft on

In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

Burr & Forman

11th Circuit Clarifies “Similarly Situated” Standard for Discrimination Claims

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On March 21, 2019, a 9-3 en banc majority announced that a plaintiff proceeding under the McDonnell Douglas framework must demonstrate as a part of her prima facie case that she and her comparators are “similarly situated in...more

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

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

FordHarrison

Eleventh Circuit Clarifies Standard for Identifying Comparators in Title VII and ADA Discrimination Cases

FordHarrison on

On March 21, 2019, in Lewis v. Union City, No. 15-11362, the U.S. Court of Appeals for the Eleventh Circuit (1) clarified the proper standard for the comparator analysis in intentional discrimination cases under the McDonnell...more

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