Our latest briefing examines the latest signal that the Federal Trade Commission is considering rulemaking, a groundbreaking settlement between the Justice Department and Meta over allegedly discriminatory algorithms,...more
Employers increasingly rely on computer-based tools to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing terms and conditions of employment. Automatic...more
California is among the first states to propose expressly regulating employers’ use of algorithms and artificial intelligence. In a March 25, 2022 virtual public meeting, the California Fair Employment and Housing Council...more
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document, the COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which...more
As more organizations use artificial intelligence and algorithms to drive decision-making processes, policymakers are beginning to address concerns about these tools — including their lack of transparency and potential for...more
The Office for Civil Rights (OCR) of the U.S. Department of Education (the “Department”) issued new guidance this week clarifying that it will immediately cease enforcement of the part of 34 C.F.R. § 106.45(b)(6)(i) that...more
On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more
1/28/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Department of Education ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender
After the Department of Education published the final Title IX regulations in May 2020, an open question remained as to how education institutions should treat pending Title IX investigations based on complaints filed before...more
On June 15, 2020, in the month and year that marks the 50th anniversary of LGBTQ+ Pride traditions, the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On May 6, 2020, the U.S. Department of Education (ED) released its long-awaited final regulations revising requirements for educational institutions subject to Title IX of the Education Amendments Act of 1972 (Title IX). The...more
In a major shift from past guidance, the U.S. Department of Education proposed new regulations for how colleges and universities are to address allegations of sexual harassment, including sexual assault, under Title IX. If...more
On March 22, 2016, in Tyson Foods, Inc. v. Bouaphakeo, the United States Supreme Court upheld class certification — and a $2.9 million jury verdict — in a donning and doffing case brought under Iowa law and the federal Fair...more
On October 8, 2014, the Supreme Court heard oral arguments in Integrity Staffing Solutions, Inc. v. Busk to determine whether time employees spend in a security clearance solely for their employer's benefit is compensable...more