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Protected Class Employer Liability Issues

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

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

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

Husch Blackwell LLP

EEOC Finalizes Workplace Harassment Guidance

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received...more

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

EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more

Smith Anderson

Supreme Court Lowers The Bar For Title VII Claims

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On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more

Benesch

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

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On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

BakerHostetler

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

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SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

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In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

White and Williams LLP

[Webinar] Staying Ahead in 2024 - AI's Impact on the Workplace and Tips for Managing a Multi-State Workforce - March 21st, 1:00 pm...

Join us on March 21 for this topical webinar which will examine two of the latest trends facing employers. This session will examine what employers need to know and do as AI continues to impact the workplace, including a...more

Jackson Lewis P.C.

3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them

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Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI....more

Bricker Graydon LLP

Is Remote Work ‘Protected’?

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We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Bowditch & Dewey

MCAD Announces Draft of Updated Harassment Guidelines and Seeks Public Comment

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On January 25, 2024, the Massachusetts Commission Against Discrimination (MCAD – see Note 1) announced new draft guidelines titled “Guidelines on Harassment in the Workplace” (the “Draft Guidelines”). The Draft Guidelines are...more

Parker Poe Adams & Bernstein LLP

Healthy Workplace Proposals Would Expand Definition of Prohibited Harassment

One of the most frequent questions we receive involves employees who claim that they have been subjected to a "hostile work environment." Under federal civil rights laws, the term hostile work environment has a specific...more

Venable LLP

It's Time to Refresh Your Anti-Harassment Training: The EEOC Proposes Updated Guidance on Discrimination and Harassment in the...

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On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Amundsen Davis LLC

EEOC Takes More Aggressive Stance on Discrimination Lawsuits

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On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also...more

Miles & Stockbridge P.C.

EEOC-Proposed Workplace Harassment Guidance Broadens Definition of ‘Harassment’

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The Equal Employment Opportunity Commission (EEOC) released earlier this month updated proposed guidance on harassment in the workplace, largely based on developments in applicable case law and societal trends coming out of...more

Husch Blackwell LLP

An Emerging Protected Class: Caste Discrimination in the United States

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What is caste and caste discrimination? “Caste” or a “caste system” is a social hierarchy passed down through families and can dictate an individual’s permissible professions as well as aspects of their social life,...more

Burr & Forman

EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

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On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance...more

Troutman Pepper

NYC to Prohibit Employment Discrimination Based on Height and Weight

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Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers? ...more

Jackson Lewis P.C.

New York Enacts Laws on Captive Audience Meetings, Wage Theft, Gender Identity

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During a busy term at the New York Legislature, Governor Kathy Hochul signed legislation prohibiting captive audience meetings, categorizing wage theft as larceny, and expanding protection of “gender identity or expression”...more

Benesch

Fifth Circuit Expands Legal Standard for Employment Discrimination Cases

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On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more

Parker Poe Adams & Bernstein LLP

Can Employee Affinity Groups Result in Discrimination Claims?

In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Amundsen Davis LLC

“Hostile Work Environment”: Beyond the Buzz Words

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It is more and more common for employers to hear employee allegations of a “hostile work environment,” “harassment” or a “toxic workplace.” In some instances current or former employees are using those terms as a defense...more

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