News & Analysis as of

Employment Discrimination

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

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more

Poyner Spruill LLP

Former EEOC Officials Issue Response to Acting Director’s Technical Assistance on DEI Programs

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On March 19, 2025, EEOC Acting Chair, Andrea Lucas, issued a technical assistance document entitled “What You Should Know About DEI-Related Discrimination at Work” ( “ DEI Technical Assistance Document 1”). On the same date,...more

Orrick, Herrington & Sutcliffe LLP

Automated Hiring Tools: Are My Hiring Practices Subject to AI Regulation?

As companies increasingly leverage automated technologies in their recruiting and hiring processes, legislators and regulators are increasingly focused on establishing guardrails to ensure fairness. As a result, companies...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's...more

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

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A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more

Burr & Forman

Pregnant Workers Fairness Act (PWFA) Update

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Join John Connell and Natalie Phillips as they discuss the recent legal challenges to the PWFA and discuss potential outcomes. They will also revisit the PWFA as it currently stands and provide an overview of what employers...more

Parker Poe Adams & Bernstein LLP

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more

Berkshire

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

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In the ongoing public discussion about the implications of President Trump’s Executive Order 14173 a new “open letter” was issued this week from ten former OFCCP officials. The former officials offer their views about the...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

Balch & Bingham LLP on

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

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

Democratic Lawmakers Urge U.S. Department of Labor to Abandon Proposal to Dismantle OFCCP

On April 11, 2025, a group of forty Democratic lawmakers sent a letter to U.S. Secretary of Labor Lori Chavez-DeRemer urging her to “abandon plans to dismantle [the Office of Federal Contract Compliance Programs] and reaffirm...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

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On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Greenbaum, Rowe, Smith & Davis LLP

With DEI Initiatives Under Review, Employers Must Still Comply with Federal and State Anti-Discrimination Laws

In the aftermath of the Trump Administration’s actions regarding Diversity, Equity and Inclusion (DEI) and the issuance of several Executive Orders related to DEI initiatives, it is important for employers to be mindful of...more

Bradley Arant Boult Cummings LLP

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to...more

Offit Kurman

Does Your Dress Code Discriminate? What Employers Need to Know

Offit Kurman on

In the ever-evolving landscape of workplace discrimination laws, savvy employers are reexamining longstanding policies—including those that may not seem controversial at first glance. One of the most commonly overlooked (yet...more

DCI Consulting

Former OFCCP Officials Pen Open Letter to Federal Contractors

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On April 15, 2025, ten former Department of Labor (DOL) officials from the Office of Federal Contract Compliance Programs (OFCCP) and Office of the Solicitor (SOL)—including former Directors Jenny Yang and Pat Shiu—released...more

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

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

CDF Labor Law LLP

[Webinar] The Future of DEI for California Employers in a Shifting Legal Landscape - April 30th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join a panel of CDF attorneys for an insightful webinar addressing the current state of Diversity, Equity, and Inclusion (DEI) initiatives for California employers in light of recent federal developments. The Trump...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

Littler on

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

Jackson Lewis P.C. on

The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

Ballard Spahr LLP on

A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Poyner Spruill LLP

Proposed North Carolina Anti-DEI Law Matches Federal Initiatives

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Amongst the flurry of recent executive orders targeting the use of diversity, equity, and inclusion (“DEI”) policies and programs under the federal government, it is easy to miss similar initiatives at the state and local...more

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