DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
Employment Law Now IV-82- A Roundtable on the Impact of a President Biden on Labor and Employment Law
Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more
Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more
How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more
Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024. ...more
State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more
On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more
Earlier this month, firm Associate Will Palmer attended the 49th Annual Sports Lawyers Association conference in Baltimore, MD. In addition to networking with plenty of amazing sports lawyers, risk management, and sports...more
Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more
Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more
September 2023: Enjoining competitive employment, advisor mobility, reverse discrimination, the low bar for retaliation, and litigating “Cause” Connecticut Court Issues Temporary Restraining Order Enforcing Noncompete...more
Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more
In a case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the U.S. Court of Appeals for the Seventh Circuit provided guidance on measures employers can take to avoid liability for reverse...more
In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more
Seyfarth Synopsis: A recently filed “reverse” discrimination action in an Ohio federal court is reflective of a trend about which we recently cautioned employers. Namely, employers are facing a pushback–often by white, male...more
How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more
In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more
In a recent case in federal court in Tulsa, Oklahoma, Carissa Nealis, a white woman and account executive for CoxCom, LLC, made a retaliation claim based on her reports of a coworker being treated unfairly....more
On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more
The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more
On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more
On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious...more
We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more
Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate...more
It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more