News & Analysis as of

Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

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On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Patterson Belknap Webb & Tyler LLP

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved...

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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

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Saul Ewing LLP

Illinois Amends IHRA to Protect Caregiver Status

Saul Ewing LLP on

On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their...more

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

Venable LLP on

During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

McCarter & English Blog: Government Contracts...

Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making

McCarter & English Blog: Government Contracts... on

On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Husch Blackwell LLP

California Privacy and AI Legislation Update: September 2, 2024

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On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more

Weber Gallagher Simpson Stapleton Fires &...

Diversity Matters Newsletter Summer 2024 Edition

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“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where...more

Dickinson Wright

The Michigan Supreme Court Expands Public Policy Causes of Action for Retaliatory Discharge

Dickinson Wright on

Under Michigan’s Occupational Health and Safety Act (“MiOSHA”), employers may not “discharge an employee or in any manner discriminate against an employee because the employee filed a complaint” regarding the employer’s...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

NYSDFS Issues Final Circular for Insurers on Artificial Intelligence and External Data Use

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On July 11, 2024, the New York State Department of Financial Services (NYSDFS) adopted a final circular about the "Use of Artificial Intelligence ("AI") Systems and External Consumer Data and Information Sources in Insurance...more

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

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In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

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Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

K&L Gates LLP

Applying Loper Bright, the Seventh Circuit Holds that ECOA Protects Prospective Applicants

K&L Gates LLP on

The Seventh Circuit recently issued one of the first appellate decisions to apply the US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024). In Loper Bright, the Supreme Court ended...more

Alston & Bird

NYDFS Issues Final Circular Letter Guidance on Use of AI in Insurance Underwriting and Pricing

Alston & Bird on

On July 11, 2024, the New York Department of Financial Services (“NYDFS”) released Insurance Circular Letter No. 7, which establishes guidelines on the use of artificial intelligence systems (“AIS”) and external consumer data...more

Cozen O'Connor

The State AG Report – 8.8.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Pennsylvania and Oklahoma AGs Launch Air Travel Complaint...more

Husch Blackwell LLP

California Privacy and AI Legislation Update: August 12, 2024

Husch Blackwell LLP on

Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date. We are currently tracking thirteen...more

Robinson+Cole Data Privacy + Security Insider

Colorado’s First of its Kind Consumer Protections for Artificial Intelligence

Robinson+Cole Data Privacy + Security Insider on

On May 17, 2024, Colorado Governor Jared Polis signed, “with reservations,” Senate Bill 42-205, “Concerning Consumer Protections in Interactions with Artificial Intelligence Systems” (the Act). The first of its kind in the...more

Cozen O'Connor

Republican AGs Support State Efforts to Prohibit Discriminatory De-Banking

Cozen O'Connor on

A group of 20 Republican AGs sent a letter to the U.S. Department of Treasury voicing concerns about the agency’s July 18, 2024 letter, which characterized a Florida law protecting individuals from de-banking as harmful to...more

Zuckerman Spaeder LLP

Ten Years after Shelby County: The Effect of Ending Preclearance on Voting Rights

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In 2013, a divided Supreme Court held in Shelby County v. Holder that Section 4(b) of the Voting Rights Act of 1965 was unconstitutional, ending its preclearance requirement in states with a history of discriminatory voting...more

Epstein Becker & Green

New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination,...

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The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements. ...more

A&O Shearman

Colorado’s AI anti-discrimination law

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On May 17, 2024, the Governor of Colorado, Jared Polis, signed Senate Bill 24-205, “Concerning Consumer Productions in Interactions with Artificial Intelligence Systems” (“AI Law”). The AI Law takes effect on and from...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

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On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

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