#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Disparate impact is a long-standing theory of liability recognized under laws like Title VII, the Age Discrimination in Employment Act and many state employment laws. ...more
Conducting a reduction in force (RIF) is one of the most challenging and sensitive actions a company can take. They are inherently emotional, exhausting and distressing. ...more
Age discrimination is one of the most overlooked compliance risks facing employers today. As organizations work to build equitable, data-driven HR practices, the Age Discrimination in Employment Act of 1967 (ADEA) remains a...more
In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?”...more
The 9th Circuit’s decision in Caldrone v. Circle K Stores Inc. demonstrates why it is risky for employers not to post a job opening, even if there is an internal employee who would be perfect for the job....more
Littler has filed an amici curiae brief on behalf of two prominent industry groups. The brief urges the United States Supreme Court to grant the petition for a writ of certiorari to review the decision of the 7th Circuit...more
October 2025 may very well be remembered as a turning point in the U.S. labor market. According to Challenger, Gray & Christmas, employers announced approximately 153,000 job cuts last month, marking the highest October total...more
As employees approach age 65, it is important to provide them with clear, neutral information about their health coverage options—specifically, the choice between remaining on a company’s group health plan or enrolling in...more
Earlier last month, our team published an in-depth article for federal contractors on navigating WARN Act compliance amid government shutdowns and federal contract cancellations. Since then, we’ve been closely monitoring the...more
Today's case ought to be a horror for employers who don't post their job openings. Yes, it's from the somewhat-employee-friendly U.S. Court of Appeals for the Ninth Circuit, but when you read the opinion, you'll be...more
As artificial intelligence (AI) becomes increasingly integrated into hiring and employment practices, including performance management and termination decisions, there is growing legal scrutiny around the use of AI in making...more
Last year, the U.S. Supreme Court issued a landmark decision in Muldrow v. City of St. Louis, reshaping the landscape of employment discrimination law....more
While we viewed the EEOC’s Fiscal Year 2024 as “sluggish,” the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges, and a Democratic majority of Commissioners, suggesting a robust year of...more
The EEOC’s Shift Away from Disparate Impact Liability - Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act prohibit employers from implementing facially...more
The contemporary workplace is characterized by unprecedented generational diversity. Having a multigenerational workforce can lead to diverse perspectives, knowledge sharing, enhanced productivity, and mentoring...more
Artificial intelligence (AI) is transforming hiring practices and increasing risk of legal action and regulatory oversight. Our Privacy, Cyber & Data Strategy and Labor & Employment Groups investigate the lawsuits and...more
Did I remember to mention "timing"? Retaliation claims have been the hottest at the U.S. Equal Employment Opportunity Commission for many years. Part of that is because every law that the EEOC enforces has an...more
Recent federal, state and litigation developments in artificial intelligence (AI) use in the workplace highlight the growing tension between fostering innovation and safeguarding against discrimination and other harms arising...more
As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more
The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more
The Age Discrimination Act of 1975 (the “Age Act”) proscribes age-based discrimination in programs and activities that receive federal financial assistance. The Age Act generally does not restrict age discrimination in...more
In a recent decision, the Seventh Circuit favorably revised the standard for defendant employers faced with a putative collective action under the Fair Labor Standards Act (FLSA) or the Age Discrimination in Employment Act...more
This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more
Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor...more
The U.S. Court of Appeals for the Seventh Circuit has provided a new framework for district courts to apply when deciding whether to issue notice to potential plaintiffs of a pending collective action under the Fair Labor...more