News & Analysis as of

Wage and Hour Race Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

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

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

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

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Jackson Lewis P.C.

EEOC Commissioner Andrea Lucas Discusses Workplace DEI

Jackson Lewis P.C. on

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

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Jackson Lewis P.C.

Reports Confirm Need for Employers to Foster Inclusive Work Environment for Black, LGBTQIA+ Youth

Jackson Lewis P.C. on

Both The Trevor Project and the Human Rights Campaign have released reports detailing the challenges faced by Black LGBTQ+ youth in the United States and the importance of acceptance and support to ensure these young people...more

DirectEmployers Association

OFCCP Week In Review: April 2024 #2

Tuesday, April 2, 2024: February JOLTS Report – Job Openings Continue to Stagnate Month Over Month, Rate Unchanged for the Third Month in a Row- The most recent Job Openings and Labor Turnover Survey (“JOLTS”) Report...more

Husch Blackwell LLP

Pretty-Privilege: The Ugly Truth About Appearance Discrimination

Husch Blackwell LLP on

In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more

Constangy, Brooks, Smith & Prophete, LLP

DEI Quiz!

What's legal, and what's not? Diversity, equity, and inclusion programs in employment are increasingly being challenged in the courts. How much do you know about the legalities? Take our quiz and find out! This is a hard...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Perkins Coie

Labor Law Today—2023 Year in Review

Perkins Coie on

In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace. The new regulations included limiting employers’ contract rights in relation to severance...more

BCLP

UK HR Two Minute Monthly: October 2023

BCLP on

Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #5

Monday, July 31, 2023: Part IV (Finale): Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - ...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

Jackson Lewis P.C.

EEOC to Focus on Diversity in the Construction Industry

Jackson Lewis P.C. on

In its report, “Building for the Future: Advancing Equal Opportunity in the Construction Industry,” the U.S. Equal Employment Opportunity Commission (EEOC) identifies the challenges to diversity and inclusion in the industry...more

Trusaic

Pay Equity Legislation Changes You Need to Be on Top Of

Trusaic on

Pay equity legislation has been advancing at a rapid pace. After years of lamenting the unfortunate gap between male and female employees working in similar jobs or in jobs with similar requirements with little observable...more

Rivkin Radler LLP

The Employment Law Reporter - March 30 2023

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York...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

Genova Burns LLC

Third Circuit Confirms ABC Test Applies in Wage Theft Case

Genova Burns LLC on

​​​​​​​In a recent decision in Bailey v. Millennium Group of Delaware et al, the U.S. Court of Appeals for the Third Circuit confirmed that the ABC Test – long used by the New Jersey Department of Labor – sets forth the...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

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 Cynthia L. Hackerott. In today’s edition,...more

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

Alabama Workforce and Wage Gap Task Force Takes Aim at State’s Pay Disparities

​​​​​​​Alabama became the forty-ninth state to adopt equal pay legislation on June 11, 2019, with the enactment of the Clarke-Figures Equal Pay Act (CFEPA). The CFEPA, effective September 1, 2019, substantially tracks...more

Constangy, Brooks, Smith & Prophete, LLP

An OWBPA kick in the pants

Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more

DirectEmployers Association

OFCCP Week In Review: June 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 J. Chambers and Cynthia L. Hackerott. In today’s...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

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