The disparate impact theory has long been used to argue that an employer’s facially neutral policy has a detrimental effect on a protected class of individuals. An often cited example is the use of an arrest to reject an...more
Although he was appointed Acting General Counsel (AGC) of the National Labor Relations Board (NLRB) less than two weeks ago, William B. Cowen has wasted no time in advancing the Trump administration’s pro-employer and...more
On April 29, 2024, in response to an Executive Order issued by President Biden last October, the Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor issued guidance to federal contractors...more
Approximately 21 states and several municipalities have enacted laws that prohibit inquiries by employers into the salary history of applicants. These laws are based primarily on the arguments that: 1) salary history does...more
We previously reported in August on the National Labor Relations Board’s decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023), wherein the Board overruled...more
We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more
We previously reported that disability advocates for many years had been asking for action with respect to the use of artificial intelligence (“AI”) tools, as it is estimated that approximately 80% of employers use some form...more
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more
11/9/2022
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