#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
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more
Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more
When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more
Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more
A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more
As many aspects of our lives return to “normal” after two years in the COVID-19 pandemic, individuals with caregiving responsibilities—for children, grandchildren, parents, partners or other family members—often remain in...more
California Relaxes Standard For Proving Whistleblower Claims - Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more
County Failed to Promote Older Black Employee, Federal Agency Charged - FRESNO, Calif. – The County of Fresno will pay $50,000 and will provide other injunctive relief to settle a federal charge of race and age...more
Placement Agency Denied Recruitment, Referrals, and/or Hire in Violation of Federal Anti-Discrimination Laws - CHICAGO – Aerotek, a national temporary placement agency, has agreed to pay $3.525 million to resolve federal...more
Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when...more
Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
The EEOC has once again updated its COVID-19 guidance. Here is a quick summary of the new questions and responses: D.13. Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member...more
...The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodation and non-discrimination based...more
Can a news organization avoid a discrimination claim by arguing that it was exercising its First Amendment right to choose who writes the news? That’s the question that the California courts have been grappling with in...more
Taking a three-year look back at the Supreme Court’s workplace law decisions gives you the sense that the exciting cases only come down every other year. In the ho-hum term that ended in 2017, the Court handled relatively...more
You can have the best independent contractor agreement in the world. You can hire the best gig economy lawyers in the country (ask us, we have some ideas) to draft the absolute crown jewel of a document for you, capturing the...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Last week, the U.S. Department of Education (“ED”) published on its website a list of “pending cases currently under investigation” by its Office for Civil Rights (“OCR”). Previously, OCR had released a list of higher...more
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more
Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more
Somewhere between outrage, bewilderment, and comedy falls the news that a U.K. production company has cast very very very white actor Joseph Fiennes as Michael Jackson in Elizabeth, Michael and Marlon, a short film about a...more
Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more