News & Analysis as of September 20, 2024

Discrimination › Administrative Procedure Act

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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 +

FTC Kicks Off Wide-Ranging Privacy Rulemaking

Perkins Coie on 8/17/2022

The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more

USDOJ Pursues Last-Minute Attempt to Kill “Adverse Impact” Discrimination Claims Against Federal Grant Recipients

DirectEmployers Association on 1/11/2021

On Wednesday, January 6, 2021, the United States Department of Justice (“DOJ”) has submitted to the Office of Management and Budget (“OMB”) for review a Final Rule amending DOJ’s regulations administering Title VI (Title 6)...more

EEOC Must Reconsider its Wellness Regulations

Littler on 8/24/2017

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

The Trump Administration: Change By Executive Action and Inaction

Cadwalader, Wickersham & Taft LLP on 12/12/2016

The election of Donald J. Trump as the 45th President of the United States, along with Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in U.S....more

HUD Issues Statement on Applicability of Disparate Impact Liability to Insurance Industry

Ballard Spahr LLP on 10/11/2016

The U.S. Department of Housing and Urban Development (HUD) has announced it will continue to address disparate impact liability for discriminatory insurance practices on a case-by-case basis. HUD addressed concerns from the...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

According to the EEOC, courts have no business reviewing its efforts to conciliate charges of discrimination

Baker Donelson on 10/18/2013

The EEOC is making a concerted effort in courts across the country to shield from judicial review its actions during the pre-suit conciliation phase. The EEOC argues that the judiciary should not review for reasonableness and...more

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