News & Analysis as of

Disparate Treatment

Fox Rothschild LLP

The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme...

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As previously discussed and anticipated in prior blog posts, the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39 (2022), which struck down as unconstitutional the...more

Troutman Pepper

A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast

Troutman Pepper on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Lori Sommerfield to discuss the new guidance issued by the Department of Housing and Urban Development (HUD) on targeted...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Paul Hastings LLP

FERC Proposes Rule to Prohibit Reactive Power Compensation for Generators

Paul Hastings LLP on

On March 21, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM22-2 that proposes to prohibit transmission providers from allowing generating...more

Manatt, Phelps & Phillips, LLP

Maryland Expands Access to Gender-Affirming Care

On January 1, 2024, Maryland’s Trans Health Equity Act (THEA) went into effect, requiring the state’s Medicaid program to cover all medically necessary gender-affirming services, including services that were not previously...more

Kaufman & Canoles

CFPB Issues Report on Overdraft and NSF Fees

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On December 19, 2023, the CFPB issued a new report on OD/NSF Fees entitled “Insights From the Making Ends Meet (MEM) Survey and Consumer Credit Panel (CCP)”. Overdrafts (ODs) occur if the financial institution elects to cover...more

Manatt, Phelps & Phillips, LLP

Advancing Health Equity: State Medicaid Actions to Ensure Access to Gender-Affirming Care

The transgender, or trans, community experiences stark health disparities resulting from discrimination, violence, stigma and a lack of culturally competent providers. Compared with the general U.S. population, trans...more

Manatt, Phelps & Phillips, LLP

Achieving a Racially and Ethnically Equitable Health Care Delivery System in Massachusetts: A Vision and Proposed Action Plan

OVERVIEW - This report proposes a vision and plan for action—collectively a statewide Health Equity Action Plan—for achieving a racially and ethnically equitable health care delivery system in Massachusetts. The report is...more

Holland & Knight LLP

Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

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The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - November 2023

We can all agree that health and wellness should be equal opportunity goals for all Americans, and your skin color shouldn’t matter. But it does. The health numbers for Blacks, Latinos and Asian Americans are so...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

Fox Rothschild LLP

The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by...

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On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 9, September 2023

The Virginia Clean Energy Act, the Botetourt County Battery Power Facility and the Impact on the Commonwealth - The Virginia Clean Energy Act (“VCEA”) mandates that Dominion Energy Virginia and Appalachian Power, the two...more

Jackson Lewis P.C.

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

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Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

Dechert LLP

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

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As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

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The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

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

Eleventh Circuit Holds That Military Leave Is Comparable to Paid Administrative Leave Under USERRA

On June 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit held in Myrick v. City of Hoover, Alabama that military leave is comparable to paid administrative leave under the Uniformed Services Employment and...more

Husch Blackwell LLP

Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

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Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee...more

Burr & Forman

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

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Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Womble Bond Dickinson

DOJ Unveils USAO National Voluntary Self-Disclosure Policy, Announces Pilot Program on Executive Compensation

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On February 22, 2023, the U.S. Department of Justice (DOJ) announced and implemented a new Voluntary Self-Disclosure Policy specific to the 93 United States Attorney’s Offices (USAOs) throughout the nation. Before...more

Mitratech Holdings, Inc

[Webinar] How to Spot Hidden Discrimination in Recruiting - May 4th, 9:00 am PT

Most employers strive for a recruitment process that is free of discrimination, both for legal purposes and because it’s the right thing to do. But confirming your process provides equal employment opportunity isn’t always...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

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Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

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