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EEOC Releases New AI Guidance for Employers

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...more

Impact of SCOTUS Affirmative Action Ruling on Employers

Key Takeaways - In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court overturned its past precedent and held that the goal of achieving a diverse student body cannot...more

Effectively Managing Workforce Contraction in Turbulent Times

Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more

EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more

New York Will Soon Require Employers to Disclose Employee Monitoring

On May 7, 2022, private employers—regardless of annual revenue or headcount—with a place of business in New York will have to provide all newly hired employees with written notice of the employer’s electronic device...more

Continued Focus on Diversifying the Boardroom

Like the preceding year, 2021 was full of unparalleled challenges for corporate directors, including new COVID-19 variants, supply chain disruptions, increased competition for talent and inflation. In this atmosphere,...more

New Federal Law Will Prohibit the Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims

Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more

New NYC Law on Preventing Bias in Automated Employment Assessments

Employers in New York City using artificial intelligence (AI), data analytics or statistical modeling in the hiring or promotion process will need to notify candidates in advance and conduct an annual “bias audit.” ...more

EEOC Launches Initiative on Use of Ai in Hiring Decisions

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled an initiative focused on fairness in the use of artificial intelligence (AI) and algorithmic tools, showing that federal regulators...more

EEOC Publishes Updated Guidance on Employer COVID-19 Policies

While the Equal Employment Opportunity Commission’s (EEOC) May 28, 2021 guidance (the “EEOC Guidance”) largely is consistent with its previous pronouncements regarding employer mandatory COVID-19 policies, including policies...more

[Podcast] The Biden-Harris Administration’s Agenda for Women

In this special episode, Akin Gump investment management partner and Women Firmwide Resource Group co-head Barbara Niederkofler moderates a panel featuring labor and employment partner Esther Lander, public law and policy...more

Seventh Circuit Rules USERRA May Require Employers to Provide Paid Military Leave

Key Points - Last week, in White v. United Airlines, Inc.1, the U.S. Court of Appeals for the 7th Circuit held that USERRA requires employers to provide short-term paid military leave, if they provide paid leave for...more

The EEOC Releases Guidance on Employer COVID-19 Vaccination Programs

Key Points - The U.S. Equal Employment Opportunity Commission (EEOC) has expanded its COVID-19 guidance to discuss how federal equal employment opportunity laws—including the Americans with Disabilities Act (ADA), Title...more

The New York Supreme Court Enforces New York’s State Law Prohibiting Mandatory Arbitration of Employment Discrimination Claims and...

- On July 13, 2020, the New York Supreme Court in Andowah Newton v. LVMH Moët Hennessy Louis Vuitton Inc., Sup. Ct., N.Y. County, July 13, 2020, J. Nock, Index No. 154178/2019, slip op at p. 16, allowed the plaintiff employee...more

EEOC Issues Updated Guidance on COVID-19 and Federal Disability Discrimination Laws

- The COVID-19 pandemic presents challenges for employers trying to protect their workforce from the spread of the virus, while also protecting the privacy of employee medical information. - The EEOC has issued new guidance...more

Keeping a Close Eye on ESG Issues to Minimize Risk during the COVID-19 Pandemic

- The COVID-19 crisis poses new challenges for companies seeking to manage ESG risks during a period of significant business disruption. - Employers need creative solutions to protect their remote and limited workforces...more

Effectively Managing Workforce Contraction in Turbulent Times

The grinding halt of the U.S. economy due to the COVID-19 pandemic, as well as the Russia-Saudi Arabia oil price war, have forced companies in every industry to evaluate workforce reorganizations and reductions....more

COVID-19 and Workforce Reductions: Federal and California WARN Act Considerations for Employers

- Due to severe restrictions aimed at curbing the spread of coronavirus (COVID-19), some businesses are being forced to significantly reduce staff, and many will likely close altogether for at least some period of time. -...more

Novel Coronavirus (COVID-19): Employer FAQs

- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges. - Decisions that employers may be called upon to make implicate a variety of...more

Special Bulletin: Guidance to Employers for Responding to the Coronavirus

- With the WHO having declared a Public Health Emergency of International Concern, companies should take reasonable precautions to protect themselves and their personnel. - Below are some suggested practices United...more

Special Bulletin: Suggested Practices for Responding to the Coronavirus

- With the World Health Organization having declared a Public Health Emergency of International Concern, firms should take reasonable precautions to protect themselves and their personnel. - Below are some suggested...more

Top 10 Topics for Directors in 2020: Pay Equity

Corporate Pay Equity - When competing for top talent, equal pay matters. Boards of directors are increasingly demanding proactive measures to ensure equal pay, and many Fortune 500 companies are publishing the results of...more

Employers Must Report 2017 and 2018 Pay Data to the EEOC by September 30, 2019

• A court has ordered the EEOC to begin collecting detailed pay data on a revised EEO-1 form, and covered employers should prepare to report such data to the EEOC for calendar years 2017 and 2018 by September 30, 2019. •...more

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