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The EEOC Obtains a Settlement in its Artificial Intelligence Class Action

We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence...more

SCOTUS Makes it Harder for Employers to Establish an Undue Burden Defense in Religious Accommodation Cases

In the flurry of controversial U.S. Supreme Court rulings issued at the end of this term, one unanimous opinion flew under the radar which impacts how employers must accommodate religious practices and expressions of their...more

New Colorado Law Prohibits Seeking Age and Age-Adjacent Information From Applicants

Colorado Gov. Jared Polis has signed the Job Application Fairness Act into law. Passed by the Colorado Legislature during the 2023 legislative session, this short law takes effect on July 1, 2024, and will significantly...more

Collective Action Plaintiffs in the Sixth Circuit Must Now Show Strong Likelihood They Are Similarly Situated

The Sixth Circuit has adopted a new approach for determining whether notice to “potential plaintiffs” can be sent out in collective actions brought under the Fair Labor Standards Act (FLSA), now requiring a “strong...more

EEOC Shares Why Investigators “Red Flag” Charges for Potential Systemic Investigation and Class Litigation

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) Phoenix District Office held a webinar on Selected Emerging and Developing Issues. The presentation emphasized EEOC’s prioritization of new and developing...more

The Monkeypox National Public Health Emergency: Guidance for Employers

Following state of emergency declarations by state and local governments around the country, the Biden Administration officially declared Monkeypox a national public health emergency on Aug. 4, 2022. The declaration...more

A Reminder to Review your Company’s English-only Policy

The EEOC has recently filed an action in the Western District of Wisconsin entitled EEOC v. Baumann Farms, LLP alleging that the employer has an “English-only policy that discriminates against non-English speaking Hispanic...more

Texas Expands Employee Protections Against Sexual Harassment

Texas is not known for its employee-friendly laws. But on September 1, 2021, two amendments to the state labor code (H.B. 21 and S.B. 25) went into effect—providing a Texas-sized expansion of employee protections when it...more

Congress Moves Toward Providing Employees An Easier Path To Pursue Age Discrimination Claims

Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009, the U.S. Supreme Court clarified...more

In Colorado, New Year Brings Major New Employment Laws Online

As we wind down a particularly challenging 2020, businesses in Colorado must also prepare for a few significant changes in the state's employment laws and regulations set to take effect on January 1, 2021. Promotions, job...more

EEOC’s Proposed Updates To Religious Discrimination Guidance Now Open For Public Comment

On November 9, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 3-2 to release a proposed update to Section 12 of the EEOC Compliance Manual addressing religious discrimination. Section 12 of the...more

Colorado Voters Approve Statewide Paid Family And Medical Leave

On November 3, 2020, Colorado voters approved Colorado Proposition 118, setting the stage for creation of a statewide paid family and medical leave program. Proposition 118 creates a statutory program to provide paid leave...more

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