#WorkforceWednesday®: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies - Employment Law This Week®
Righting a Wrong: Putting an End to a Discriminatory Hair Test
Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®
DE Under 3: Title VII Prohibits Discriminatory Job Transfers Even Without Significant Harm, U.S. Supreme Court Unanimously Ruled
Decoding Discrimination Laws: What Employers Need to Know
What's the Tea in L&E? Weight Discrimination
The Burr Broadcast: EEOC Strategic Enforcement Plan
DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability
DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
#WorkforceWednesday: NLRB Wants Shuttered Starbucks Stores Reopened, Big Tech Retreats from DEI Programs, and Employers Scrap College Requirements - Employment Law This Week®
Employment Law 101_ For Small Businesses [in Colorado]
DE Under 3: New Administrative Review Board Decision from March Sets Down New Backpay Calculation in Litigated OFCCP Cases
DE Under 3: OFCCP Discrimination Enforcement Statistics Hit New Lows
DE Under 3: EEOC Settled Its First Lawsuit Alleging AI Hiring Discrimination
DE Under 3: How to Lawfully Engage in Race-Based Employment Decisions
#WorkforceWednesday: Employee and Health Benefits One Year After Dobbs - Employment Law This Week®
#WorkforceWednesday: NLRB Unfair Labor Practice Charges Surge, NYC Prohibits Size Discrimination, FL Expands E-Verify Requirements - Employment Law This Week®
#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment Law This Week®
DE Under 3: OFCCP’s Unlawful Discrimination Allegations Stair-Step Down in FY 2022
DE Under 3: USDOJ’s Settlement Affecting Recruiters, OFCCP’s AAP Verification Deadline Extension & SCOTUS’ New Ruling
Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more
California lawmakers knocked back a chance to pass a groundbreaking AI discrimination that would have required employers to provide notification – and perhaps an accommodation – to workers when artificial intelligence is used...more
With the August 31 deadline having come and gone, the California Legislature has completed its work for the year and sent all bills on to Governor Newsom’s desk. Now all eyes turn to the Governor as he has until September 30...more
The federal agency overseeing affirmative action and federal contract compliance recently updated its procedures for expedited conciliation when alleged discriminatory practices are found during compliance evaluations – which...more
Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more
On July 17, 2024, King Charles delivered the King's Speech, which sets the Government’s legislative agenda for the next Parliamentary Session. In this, the new Labour Government announced an ambitious agenda with some 40...more
A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more
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
State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more
Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more
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
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
Effective May 11, 2024, New York City now prohibits employers from entering into any type of agreement that shortens the statutory period by which an employee may file an administrative claim or complaint, or civil action,...more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more
In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more
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
After years of internal discussion, the Board of the California Privacy Protection Agency (CPPA), at their March 8th meeting, voted to progress toward formalizing the proposed regulations on risk assessments and automated...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more
In an employment discrimination case, whether an employer is successful in getting a dismissal often depends on whether it can show it had an “honest belief” in a non-discriminatory reason for the employment decision. ...more
Changes in supervision may result in fresh ways of doing things. Certain rules that were never fully enforced may now come to the forefront. Can a new supervisor’s radical change in a long-term employee’s performance rating...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more
From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more