News & Analysis as of

Enforcement Employment Discrimination

Seward & Kissel LLP

Employment Litigation Roundup: July 2024

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Arbitration agreement deemed inapplicable where plaintiff plausibly alleged sexual harassment claim - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ( “EFAA”) amended the Federal...more

Davis Wright Tremaine LLP

CFTC Charges Trading Company With Market Manipulation and Whistleblower Protection Violations

On June 17, 2024, the CFTC's Division of Enforcement announced that it had reached a settlement with Trafigura Trading LLC ("Trafigura") over allegations that the firm manipulated oil derivatives prices while discouraging...more

Payne & Fears

May 2024 Case Summaries

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Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more

Foley & Lardner LLP

Nineteen States Sue To Enjoin New EEOC Harassment Guidance

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued the final version of its Enforcement Guidance on Harassment in the Workplace (the “Guidance”) by a 3-2 vote. The Guidance updates prior EEOC...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Benesch

EEOC Issues New Workplace Harassment Guidance

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For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more

Perkins Coie

The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

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Enacted in 1998, Illinois’ Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and...more

McAfee & Taft

The continued rise of artificial intelligence in employment law — 2023 in review

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As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

Jackson Lewis P.C.

New York City Law Against Body-Size Discrimination: What the Residential Real Estate Industry Needs to Know

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New York City’s legislation amending the New York City Human Rights Law, Local Law 61 of 2023, prohibits discrimination based on a person’s height or weight in employment, housing, and public accommodations. The new law took...more

Frantz Ward LLP

EEOC Identifies Strategic Enforcement Issues for Next Five Years

Frantz Ward LLP on

Last week the EEOC issued its Strategic Enforcement Plan Fiscal Years 2024 - 2028 (FYI 2024-2028). According to the Agency, the plan “establishes the EEOC’s subject matter priorities to achieve its mission of preventing and...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

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Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

DirectEmployers Association

What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter

DirectEmployers held a complimentary 90-minute fast-paced Webinar for the public and its Member Companies discussing OFCCP’s new and controversial audit Scheduling Letter for Supply & Service contractors. Because many of the...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases Strategic Enforcement Plan

Plan Sets Forth Agency’s Priorities for Fiscal Years 2024 - 2028 - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for Fiscal Years 2024 –2028. The...more

Foley & Lardner LLP

EEOC Announces Strategic Plan Through 2023: Enforcement of Conciliation Agreements is Top of Mind

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On August 22, 2023, the Equal Employment Opportunity Commission (EEOC) announced it approved its Strategic Plan for the Fiscal Years 2022-2026. The Strategic Plan sets forth the EEOC’s strategies and objectives for achieving...more

Proskauer - Law and the Workplace

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying...more

Fisher Phillips

Employers Beware: “There is No AI Exemption to the Laws on the Books”… 4 Steps to Consider When Using AI in the Workplace

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Given the myriad ways artificial intelligence is now being used to streamline business processes, it’s no surprise that federal agencies are scrutinizing potential employment-related biases that can arise from using AI and...more

Mintz - Employment Viewpoints

NYC Issues Final Rules for AI-Based Workplace Decision-Making Tools and (Again) Delays Enforcement

After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...more

Proskauer - Government Contractor Compliance...

OFCCP Director Jenny Yang Reported to Be Leaving Agency

According to reports, OFCCP Director Jenny R. Yang is expected to leave her position this week. Director Yang became OFCCP Director on January 20, 2021.  At this time, it is not known who will replace her....more

Sheppard Mullin Richter & Hampton LLP

EEOC Announces Enforcement Priorities for 2023-2027

On Tuesday January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) publicly released its Draft Strategic Enforcement Plan (“SEP”) for fiscal years 2023-2027. The SEP describes the EEOC’s top enforcement...more

Dorsey & Whitney LLP

2023 Equal Employment Opportunity Trends in Litigation and Enforcement

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Data from 2022 portends a monumental year ahead for Equal Employment Opportunity (“EEO”) litigation and enforcement. Plaintiffs are filing class-based-employment claims in higher numbers than ever, and class actions involving...more

Proskauer - Law and the Workplace

AI-Based Discrimination Top of the EEOC’s Draft Enforcement Plan

The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted...more

U.S. Equal Employment Opportunity Commission...

Comment Period Open for EEOC Strategic Enforcement Plan

Stakeholders are Invited to Weigh-In on Agency Priorities - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment, and published in the Federal Register on January 10, a draft...more

Bradley Arant Boult Cummings LLP

Blessed Are the Caregivers: Equal Employment Opportunity commission guidance on disparate treatment of employees caring for family...

The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more

PilieroMazza PLLC

[Webinar] Government Contractors: Strategies to Mitigate Aggressive OFCCP Enforcement - June 8th, 2:00 pm - 3:00 pm ET

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With the rollout of its Affirmative Action Program Certification Portal, new annual pay equity directive, tightened audit timelines, and proposal to streamline pre-enforcement, the Department of Labor’s Office of Federal...more

Holland & Knight LLP

Buckle Up, Federal Contractors – It's a Bumpy Road Ahead

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The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) had a relatively unsurprising 2021. Not so for 2022. The agency has been hard at work issuing new and extremely ambitious policies....more

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