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Discrimination › Hiring & Firing

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 -
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

Morris, Manning & Martin, LLP

State AI Laws Continue to Emerge

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Introduction - Within the United States, new state laws regulating artificial intelligence continue to emerge. Below, we provide a high-level description of certain laws currently in effect or laws that will soon come into...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

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The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Saiber LLC

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology...

Saiber LLC on

On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

Sheppard Mullin Richter & Hampton LLP on

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action...more

Littler

Executive Order Tracker

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

Vorys, Sater, Seymour and Pease LLP

Trump Revokes Executive Order 11246 Requiring Affirmative Action

Vorys, Sater, Seymour and Pease LLP on

On January 21, 2025, President Trump revoked Executive Order 11246, which has been in place since 1965. EO 11246 prohibited federal contractors from discriminating on the basis of race, color, religion, sex, sexual...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Jackson Lewis P.C.

New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools

Jackson Lewis P.C. on

This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

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On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Ius Laboris

New Trends in Pay Transparency

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So-called ‘equal pay lawsuits’ are becoming more frequent in Germany. The application of a simplified burden of proof to claims under the Wage Transparency Act by case law makes it difficult for employers to refute an alleged...more

Littler

Littler Lightbulb: November Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Shoots Down $15 Per Hour Contractor Minimum Wage Rule...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

Davis Wright Tremaine LLP on

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

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On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Morris, Manning & Martin, LLP

AI & Inclusive Hiring Framework

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The US Department of Labor's (DOL) Office of Disability Employment Policy announced the publication of the AI & Inclusive Hiring Framework. The framework, published by the Partnership on Employment & Accessible Technology...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

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Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Littler

California Limits the Discretion Employers Have to Insist on a Driver’s License Even for Jobs that Require Driving for Work

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Starting in January 2025, California’s Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a...more

Littler

Ontario, Canada Human Rights Tribunal Establishes That Employers’ Duty to Accommodate Family Status With Shift Changes is Not...

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In Aguele v. Family Options Inc., 2024 HRTO 991, the Human Rights Tribunal of Ontario (HRTO) dismissed an employee’s application alleging discrimination with respect to employment because of family status and reprisal...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

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Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...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

Littler

Littler Lightbulb: August Appellate Roundup

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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

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