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Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

In Policy Pivot, EEOC Revises Pandemic Guidance To Move Away From A “Direct Threat” Analysis and Focus on “Business Necessity” As...

Seyfarth Synopsis: On July 12, 2022, the U.S. Equal Employment Opportunity Commission issued updated guidance for employers on the interplay of workplace bias laws and COVID-19 workplace testing, vaccinations, and other...more

Fourth Circuit Reaffirms That Consistently Implementing Lawful Business Practices and Policies is Not Discrimination

Seyfarth Synopsis: In Lyons v. City of Alexandria, No. 20-1656, 2022 WL 1739987 (4th Cir. June 1, 2022), the Court issued an employer-friendly decision under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et...more

Seventh Circuit Affirms Summary Judgment in Disability Suit Where No Evidence that Disability Was “But For” Cause of Position...

Seyfarth Synopsis: In McCann v. Badger Mining Corporation, — F.3d. — (7th Cir. 2020), the Seventh Circuit affirmed summary judgment and held that no jury could conclude that plaintiff’s position would not have been eliminated...more

Paid Leave and Coronavirus—Part XIV: Our Top Five Takeaways from the DOL’s Most Recent FFCRA Q&As as the Summer Unofficially...

Seyfarth Synopsis:  The Department of Labor recently issued additional  “questions and answers” (“Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”)  Below are a few key takeaways as employers reassess...more

The Future of Work: An Update from the Campaign Trail and the Hill (Spoiler Alert: COVID-19 is Taking Center Stage)

Seyfarth Synopsis: In our fifth installment on the presidential candidates’ stances on future of work issues, we provide an update from the campaign trail and Capitol Hill....more

Where the President and Democratic Candidates Stand on Preparing for the Future of Work

Seyfarth Synopsis: In our fourth installment on the presidential candidates’ stances on future of work issues, we focus on their approach to training employees for a highly technical workplace, and how they plan on investing...more

Where the President and Democratic Candidates Stand on Minimum Wage and its Impact on the Future of Work

Seyfarth Synopsis: In our third installment in where the potential Presidential candidates stand on key labor and future of work issues, we focus on the candidates’ positions on minimum wage....more

Where the President and Democratic Candidates Stand on Collective Bargaining Rights of Gig Workers

The Iowa Democratic Presidential Caucus historically signals who the likely Democratic Presidential Candidate will be. As we dive in to the 2020 election season, we explore the potential candidates’ positions on key labor...more

The Future of Work: An Update on Happenings on The Hill

Synopsis: As the 2020 presidential election approaches, both Congress and the presidential candidates are taking notice of future of work issues.  A newly formed Congressional caucus aims to address future of work issues with...more

BREAKING NEWS: District Court Orders Employers to File EEO-1 Component 2 Data by September 30, 2019

Seyfarth Synopsis: Today, the District Court for the District of Columbia issued its ruling regarding the timeframe for collecting pay and hours data in connection with the Revised EEO-1 Report. Ruling from the bench, the...more

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot

Seyfarth Synopsis: Mandatory vaccines and flu shots present challenges to employers attempting to accommodate the sincerely held religious beliefs of employees. In this case, a hospital worker claimed that he was terminated...more

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