Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest...more
On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on...more
Following the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College regarding the consideration of race in undergraduate admissions, a new lawsuit has been filed...more
On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023.
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In Part One of this alert, we discussed several practical considerations that employers should bear in mind as they plan for the safe return of their employees to the workplace. Here, in Part Two, we explain how employers...more
In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839...more
On August 25, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final enforcement guidance on employer retaliation (the “Guidance”). The Guidance addresses retaliation under each of the statutes enforced...more
On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to...more
Earlier this month, Mayor Michael Bloomberg signed into law legislation prohibiting pregnancy discrimination by New York City employers. The legislation, passed unanimously last month by the New York City Council, bars...more
Under a recent amendment to the New York City Administrative Code, it is now unlawful to discriminate against job applicants based on their unemployment status. N.Y.C. Admin. Code. §§ 8-107(21)(a)(1)-(2). The law takes effect...more
Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more
4/3/2013
/ American Express ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Discrimination ,
Federal Arbitration Act ,
Gender Discrimination ,
Goldman Sachs ,
Pattern or Practice ,
SCOTUS ,
Title VII ,
Vindication of Statutory Rights Doctrine
In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more