News & Analysis as of

Employer Liability Issues Equal Employment Opportunity Commission (EEOC) Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Fisher Phillips

AI Hiring Tools Under Attack: ACLU Files Claims with Feds Over Common Hiring Tools

Fisher Phillips on

The ACLU recently fired a clear warning shot to employers by asking the FTC to investigate a personality assessment test, a video interview tool, and a cognitive ability assessment screening device – all powered by artificial...more

Littler

Littler Lightbulb: May Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Fisher Phillips

EEOC Sues Employers for Not Filing EEO-1 Reports: 5 Steps You Should Take Before June 4 Deadline to Avoid Similar Fate

Fisher Phillips on

In an unprecedented action, federal workplace law officials just filed suit against 15 employers in 10 states alleging that they failed to file their mandatory EEO-1 reports and asking the court to order the employers to do...more

Lerch, Early & Brewer

Ten Steps Employers Should Follow to Comply with the Pregnant Workers Fairness Act’s New Regulations

Lerch, Early & Brewer on

In April, the EEOC issued the much awaited regulations interpreting the Pregnant Worker’s Fairness Act, passed by Congress last summer.  The PWFA went into effect on June 27, 2023 and the regulations are effective June 18,...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

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

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

EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more

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

The Pregnant Workers Fairness Act: EEOC Issues Final Regulations

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19,...more

Seyfarth Shaw LLP

EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

Seyfarth Shaw LLP on

In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace...more

Kelley Drye & Warren LLP

EEOC Releases Annual Performance Report for Fiscal Year 2023

It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Seyfarth Shaw LLP

Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a...more

Constangy, Brooks, Smith & Prophete, LLP

Religious accommodations, Part 1: What’s a “religion”?

On September 25 a federal court in New York dismissed a lawsuit accusing an employer of failing to accommodate an employee’s religious beliefs as a member of the “Temple of the Healing Spirits” located in “Deland city,...more

Seyfarth Shaw LLP

EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

BakerHostetler on

On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Constangy, Brooks, Smith & Prophete, LLP

What's in that new EEOC guidance on workplace harassment?

It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

Fox Rothschild LLP on

In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

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