News & Analysis as of September 19, 2024

Employer Liability Issues

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on 9/17/2024

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on 9/3/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on 8/26/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Bradley Arant Boult Cummings LLP on 8/15/2024

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach PLLC on 7/19/2024

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on 7/12/2024

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Supreme Court Lowers the Bar for Title VII Employment Claims

Skadden, Arps, Slate, Meagher & Flom LLP on 6/27/2024

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Troutman Pepper on 6/13/2024

Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

U.S. Equal Employment Opportunity Commission... on 5/23/2024

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on 5/21/2024

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

Bradley Arant Boult Cummings LLP on 5/2/2024

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on 4/25/2024

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

6 Steps to Conducting Bias-Free Interviews

Mitratech Holdings, Inc on 4/22/2024

Bias: A tendency to favor or oppose, often based on personal beliefs/preferences. Are your interviews filled with bias? It could stop your company from getting the quality hires it needs if they are. Conducting bias-free...more

BaronHR to Pay $2.2 Million in EEOC Hiring Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/10/2024

Temporary Staffing Company Resolves Federal Charges It Discriminated Against Workers Based on Race, National Origin, Sex and Disability - LOS ANGELES – Nationwide staffing agency BaronHR, LLC will pay $2.2 million and...more

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

Littler on 3/1/2024

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more

Are Coaches Independent Contractors or Employees?

Flaster Greenberg PC on 2/7/2024

An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Groff v. DeJoy and Its Impact on Religious Accommodation

Spilman Thomas & Battle, PLLC on 12/27/2023

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024

Bradley Arant Boult Cummings LLP on 12/20/2023

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

Troutman Pepper on 12/14/2023

California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

EEOC’s Year-End Litigation Round-Up and Strategic Plan

Poyner Spruill LLP on 12/11/2023

On November 15, 2023, the EEOC published its year-end litigation round-up and strategic enforcement plan, which shows its increased enforcement activities over the past year and new areas of emphasis for future enforcement....more

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Troutman Pepper on 12/6/2023

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight

Sheppard Mullin Richter & Hampton LLP on 9/12/2023

On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The...more

Is the DOJ’s “Pattern or Practice” of Extracting Settlements from Companies Not Hiring Immigrants Valid?

Alston & Bird on 9/6/2023

Our Immigration Team explores the legal foundation of how the Department of Justice has convinced companies to settle suits brought under the unfair immigration-related employment practices statute....more

Ultimatum on Ultimate Employment Decisions: Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

Bradley Arant Boult Cummings LLP on 8/22/2023

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

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