News & Analysis as of September 21, 2024

Hiring & Firing › Non-Discrimination Rules

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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 -

Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?

Foster Swift Collins & Smith on 9/18/2024

In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA)...more

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

Seyfarth Shaw LLP on 9/3/2024

Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

US Department of Labor’s Office of Federal Contract Compliance Offers AI Guidance for Government Contractors and Other Employers

Robinson+Cole Data Privacy + Security Insider on 6/14/2024

On October 30, 2023, President Biden issued Executive Order 14110, aiming to ensure the responsible and safe development and use of Artificial Intelligence (AI) in federal hiring. In compliance, the US Department of Labor’s...more

Colorado Governor Signs Broad AI Bill Regulating Employment Decisions

Seyfarth Shaw LLP on 5/23/2024

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more

Artificial Intelligence Executive Order WHD and OFCCP Guidance Issued

Littler on 5/1/2024

On April 29, 2024, the White House released a statement entitled, “Biden-⁠Harris Administration Announces Key AI Actions 180 Days Following President Biden’s Landmark Executive Order.” A few hours later, the U.S. Department...more

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on 3/25/2024

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

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

Morrison & Foerster LLP on 7/3/2023

As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more

NYC Enacts Height and Weight Anti-Discrimination Ordinance

Littler on 6/2/2023

On May 26, 2023, New York City enacted an ordinance amending the New York City Human Rights Law to ban employment discrimination on the basis of a person’s height and weight. This new ordinance further expands the...more

Employers Take Note: New York City Law Prohibits Discrimination Based on Height and Weight

Tannenbaum Helpern Syracuse & Hirschtritt LLP on 6/2/2023

On May 26, 2023, Mayor Eric Adams signed a bill into law amending New York City’s anti-discrimination statute to include height and weight among the list of protected classes. Accordingly, employers will now have to consider...more

New York City Enacts Bill Barring Discrimination Based on Height or Weight

Davis Wright Tremaine LLP on 6/1/2023

As previously reported, the New York City council passed a bill prohibiting discrimination on the basis of an applicant or employee's actual or perceived height or weight. On May 26, 2023, New York City Mayor Eric Adams...more

AI Gets Attention From Federal Agencies

Manatt, Phelps & Phillips, LLP on 5/24/2023

In a joint statement, the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) expressed concern about the potential for...more

How To Be “Smart” About Using Artificial Intelligence In The Workplace

Akerman LLP - HR Defense on 2/1/2023

Artificial Intelligence (AI) is undoubtedly revolutionizing the workplace. More and more employers are relying on algorithms or automated tools to determine who gets interviewed, hired, promoted, compensated, disciplined, or...more

The Global Guide Quarterly (Quarter 4, 2022)

Littler on 2/1/2023

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC...more

Reductions-in-Force are Never Pleasant, but There’s a Right Way and (Many) Wrong Ways

Foley & Lardner LLP on 11/15/2022

Here in Wisconsin, we say – “Don’t like the weather? Wait five minutes” – to capture our ever-changing outdoors. (Case in point: as I write this article, today’s high temperature is 72 degrees; tomorrow’s is 36.) The phrase...more

Littler Lightbulb: Highlighting 25 Tips in Recruiting a Diverse Workforce

Littler on 10/18/2022

Employers in today’s tight job market are constantly looking for ways to recruit and maintain top talent from a diverse slate of candidates. Doing so can be tricky, however, as there are limits to which employers, recruiters,...more

The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers

Pullman & Comley - Labor, Employment and... on 6/22/2022

The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. While not as groundbreaking as the two last full legislative sessions, and while many far-reaching bills that emerged from committee were...more

New Federal Labour Law Issued in the UAE: An overhaul to a decades-old regime

Littler on 11/30/2021

In mid-November, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which will come into force on 2 February 2022 and repeals Law Number 8 of 1980 (the Old Law), replacing it...more

North Carolina’s City of Charlotte and Mecklenburg County Adopt Nondiscrimination Ordinances

Jackson Lewis P.C. on 10/12/2021

Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more

Arkansas Medical Marijuana Amendment: Arkansas Attorney General Opinion Addresses Scope of Phrase "Safety Sensitive Position"

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/29/2021

The Arkansas Attorney General (“AG”) issued an August 2nd Opinion addressing the scope of the safe harbor for employers provided by the Arkansas Medical Marijuana Amendment (“Amendment”) for “safety sensitive position.” ...more

Federal Contractors Should Be on the Lookout for Change in 2021, But Plan for Now

Cozen O'Connor on 12/14/2020

Commentators are speculating on how quickly the Biden Administration may reverse course on three (3) of 2020’s significant developments at the Office for Federal Contract Compliance Programs (“OFCCP”)...more

Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020

Littler on 9/11/2020

The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and...more

San Francisco Enacts Temporary ‘Back to Work’ Ordinance in Response to COVID-19 Layoffs

Faegre Drinker Biddle & Reath LLP on 7/22/2020

On June 23, 2020, the San Francisco Board of Supervisors passed a "Back to Work" Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered...more

New Federal Directives Aim to Ensure Federal Contractors' Compliance with Equal Employment Opportunities

Ballard Spahr LLP on 2/25/2019

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has issued a series of new directives over the last few months to ensure federal contractors comply with equal employment opportunity laws...more

Federal Court Looks To Petition To Compel Arbitration, Not The Facts Of The Underlying Litigation, To Determine Whether It Has...

Carlton Fields on 9/27/2017

The Second Circuit has upheld an order granting a petition by Hermès of Paris to compel arbitration after Matthew Swain, a former employee, sued Hermès and a coworker in state court for alleged violations of state...more

Avoiding Claims of Race, Religious, or National Origin Discrimination in the Current Political Climate

Fisher Phillips on 7/27/2017

Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more

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Hiring & Firing › Non-Discrimination Rules

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