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 -
Saul Ewing LLP

EEO-1 Data Collection Back and Due June 24, 2025

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What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal...more

Alston & Bird

DOJ Civil Rights Fraud Initiative Targets Allegedly Discriminatory Practices by Educational Institutions

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The Department of Justice’s Civil Rights Fraud Initiative treats federally funded colleges’ and universities’ DEI programs and other allegedly discriminatory practices as False Claims Act violations. Our Education Team breaks...more

Epstein Becker & Green

DOJ Civil Rights Fraud Initiative: FCA Enforcement Expanding Into Alleged Discrimination

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On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health...more

White & Case LLP

DOJ Launches Civil Rights Fraud Initiative by Leveraging the False Claims Act: What Federal Fund Recipients Should Know

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On May 19, 2025, Deputy Attorney General Todd Blanche announced the Department of Justice’s launch of a sweeping Civil Rights Fraud Initiative designed to hold federal contractors, grant recipients, and other federally funded...more

Akerman LLP - HR Defense

Time’s Ticking: How to Tackle the 2024 EEO-1 Filing Before the Deadline!

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The 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting...more

Offit Kurman

Weddings, Honeymoons, and Milestones: Employer Guidance for Time Off Requests

Offit Kurman on

For HR leaders and business owners alike, the question is not whether employees will request time off for major life events, but when and how your organization will respond. Weddings, honeymoons, and personal milestones do...more

Foley Hoag LLP

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

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Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a...more

Mitratech Holdings, Inc

Workplace Harassment Training Compliance Around the World

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Across the world, governments are tightening regulations, employees are demanding accountability, and organizations are being held to higher standards than ever before....more

Rivkin Radler LLP

FCA Case Against Insurers Alleges Kickbacks and Discriminatory Practices

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On May 1, a whistleblower filed a complaint under the federal False Claims Act (FCA) against Aetna, Elevance Health (formerly Anthem) and Humana alleging that the insurers paid hundreds of millions of dollars in illegal...more

McDermott Will & Emery

Risk Management in the Modern Era of Workplace Generative AI

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Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

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Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

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Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Vinson & Elkins LLP

Illegal Debanking Under Scrutiny: New Task Force Signals DOJ Enforcement Shift

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On April 28, 2025, the U.S. Attorney’s Office for the Eastern District of Virginia (“EDVA”) and the U.S. Department of Justice’s (“DOJ”) Civil Rights Division (“CRT”) announced the formation of the Eastern District of...more

Farella Braun + Martel LLP

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

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The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Walkers

Significant changes proposed for Jersey employment law regime

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Mandatory written reasons for dismissal: New day one employment right for employees to be provided with the written reasons for their dismissal within seven days of their employment ending. Increase to discrimination...more

Littler

The Littler Annual Employer Survey Report - May 2025

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Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...more

Troutman Pepper Locke

Fifth Circuit Agrees to Dismiss CFPB’s UDAAP Examination Manual Appeal, Aligning with Bureau’s New Regulatory Priorities

Troutman Pepper Locke on

On May 1, the U.S. Court of Appeals for the Fifth Circuit dismissed the Consumer Financial Protection Bureau’s (CFPB or Bureau) appeal concerning the vacated amendments to its Unfair, Deceptive, or Abusive Acts and Practices...more

Parker Poe Adams & Bernstein LLP

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

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The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

Lathrop GPM

California Federal Court Dismisses ADA and California Unruh Act Claims Against Franchisor

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A federal court in California granted Dunkin’ Donuts’ motion to dismiss claims by customers alleging that a surcharge for non-dairy substitutes in beverages discriminated against customers with lactose intolerance and milk...more

Husch Blackwell LLP

Analyzing the Colorado AI Act Proposed Amendments

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Keypoint: The Colorado legislature is considering significant amendments to the nation’s first algorithmic discrimination law. On April 28, 2025, Colorado Senator Robert Rodriguez and Representative Brianna Titone introduced...more

Littler

Executive Order Tracker - April 2025

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Littler's Executive Order Tracker is your go-to resource for staying up to date on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing...more

Clark Hill PLC

Federal courts block Title VI certification requirement

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On April 24, the United States District Court for the District of Columbia blocked the U.S. Department of Education’s (USDOE) efforts to enforce its interpretation of Title VI and its associated certification requirement. The...more

Seyfarth Shaw LLP

EEOC Kicks Off 2024 EEO-1 Data Collection: If Approved Portal To Open on May 20, 2025

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The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

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Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Dentons

Ep. 58 – Addressing Potential Discrimination in Patient Care Decision Support Tools

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Effective May 1, 2025, the Section 1557 regulations require covered healthcare providers to take reasonable steps by May 1, 2025, to identify and mitigate the risk of discrimination when they use AI and other emergency...more

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