News & Analysis as of

Discrimination Title VII Equal Employment Opportunity Commission (EEOC)

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

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

Bradley Arant Boult Cummings LLP

Workplace Harmony in 2024: Navigating the EEOC’s Latest Harassment Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

DirectEmployers Association

OFCCP Week In Review: April 2024 #4

Tuesday, April 16, 2024: Federal Trade Commission Poised to Issue Final Rule to Prevent Most Worker Non-Compete Agreements - The Federal Trade Commission (“FTC”) is on the brink of issuing its Final Rule that would...more

U.S. Equal Employment Opportunity Commission...

Sprouts Farmers Market Resolves EEOC Discrimination Charge

Federal Investigation Determined Grocery Subjected Employees to Sexual Harassment and Retaliation - LOS ANGELES – Sprouts Farmers Market, a national grocery chain featuring natural foods, has settled a federal charge of...more

U.S. Equal Employment Opportunity Commission...

Walgreens Pays $205,000 in EEOC Pregnancy and Disability Discrimination Lawsuit

Settles Federal Charges That Alexandria Pharmacy Refused to Allow Pregnant Worker Emergency Medical Leave, Forcing Her to Quit - NEW ORLEANS – Pharmacy and retailer Walgreens Co. has agreed to pay $205,000 and provide...more

Bradley Arant Boult Cummings LLP

The EEOC’s Plan to Root Out Pregnancy Discrimination in the Workplace   

Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC...more

Constangy, Brooks, Smith & Prophete, LLP

Retaliation. The second guy always gets caught.

Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Patterson Belknap Webb & Tyler LLP

EEOC Proposes New Enforcement Guidance on Harassment in the Workplace

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on...more

Bradley Arant Boult Cummings LLP

Cracking Down: The EEOC’s Strategic Plan for the Coming Years

Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming...more

Parker Poe Adams & Bernstein LLP

EEOC Reminds Employers of Limits on Workplace Proselytizing

The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more

Jenner & Block

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate...

Jenner & Block on

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more

Verrill

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

Verrill on

Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything,...more

Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

U.S. Equal Employment Opportunity Commission...

EEOC Starts Accepting Charges Under New Pregnant Workers Fairness Act

WASHINGTON – Today, the Pregnant Workers Fairness Act (PWFA) will take effect, expanding long-overdue protections to ensure that workers experiencing pregnancy, childbirth, or related medical conditions have the right to...more

Bradley Arant Boult Cummings LLP

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

U.S. Equal Employment Opportunity Commission...

Alden Short and Hinson Jennings to Pay $85,000 to Settle EEOC National Origin Discrimination Suit

Property Management Company Settles Federal Charges of Harassing Three Hispanic Employees - DALLAS – Alden Short and Hinson Jennings, a Dallas-based property management company, will pay $85,000 and furnish other relief to...more

Bradley Arant Boult Cummings LLP

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

Husch Blackwell LLP on

In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

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