News & Analysis as of

Protected Class Employment Discrimination

Parker Poe Adams & Bernstein LLP

President Trump Signs Order Ending Government Disparate Impact Investigations

On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more

Morgan, Brown & Joy, LLP

EEOC and Department of Justice Issue Guidance on DEI-Related Discrimination

The first two months of the Trump administration saw a flurry of Executive Orders targeting private and public sector diversity, equity, and inclusion (“DEI”) programs, and March has been no different. On March 19, 2025, the...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

Meyers Nave on

On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

DCI Consulting

EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

DCI Consulting on

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

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In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

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

Wearable Technologies in the Workplace May Implicate Nondiscrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that explains why employers need to be careful in using wearable technologies so they do not violate federal nondiscrimination laws. ...more

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

‘Motive’ or ‘Animus’? Lessons From Appellate Practice

The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us...more

Ius Laboris

Promise of a fairer future: understanding Singapore’s Workplace Fairness Bill

Ius Laboris on

Singapore’s Workplace Fairness Bill is finally here and, once through Parliament, is expected to take effect in either 2026 or 2027. It is a landmark piece of discrimination legislation at a time of growing momentum for...more

Allen Matkins

2025 Labor & Employment Law Update for California Employers

Allen Matkins on

The Allen Matkins Labor & Employment Practice provides annual updates to California law on amended discrimination laws, captive audience bans, freelance worker protections, and updated leave requirements....more

IMS Legal Strategies

The Future Is Now: Preparing for Today’s and Tomorrow’s AI Litigation

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Recent developments in artificial intelligence (AI) have taken the world by storm, with many industry leaders and technology optimists eagerly anticipating its integration into processes and solutions across nearly every...more

Ervin Cohen & Jessup LLP

SB 1340 Allows Enforcement Of Local Employment Discrimination Laws

Ervin Cohen & Jessup LLP on

Over the last several years, California employers have become increasingly aware of cities and counties enacting workplace requirements on a wide range of issues, including scheduling, lay offs, paid sick leave, minimum...more

IR Global

Sensitivity, inclusivity, and the intergenerational workplace - The Visionaries

IR Global on

Q1 What is recognised as ‘transgressive behaviour’ in the US – and is it in line with global ‘standards’? Transgressive behaviour, more commonly known in California and the United States as inappropriate workplace...more

Akerman LLP - HR Defense

U.S. Supreme Court to Review Reverse Discrimination Standard

Akerman LLP - HR Defense on

Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably...more

Stevens & Lee

Supreme Court to Review Reverse Discrimination Employment Case

Stevens & Lee on

Title VII claims alleging employment discrimination are analyzed under the McDonnell Douglas framework which requires that the employee first show that they are a member of a protected class (race, color, religion, sex,...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Husch Blackwell LLP

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Husch Blackwell LLP on

Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more

Fox Rothschild LLP

Lehigh County, Pennsylvania Unleashes Omnibus Employment Ordinance

Fox Rothschild LLP on

Employers in Lehigh County, Pennsylvania — including those who utilize independent contractors — must familiarize themselves with an unprecedented, comprehensive ordinance that recently took effect throughout much of the...more

Jaburg Wilk

Active-Duty Service Members and Veterans Are Protected Class Under USERRA

Jaburg Wilk on

When people think of a “protected class,” they often think of age, race, gender, or disability. While those are some of the classes protected by anti-discrimination laws, often-overlooked classes include honorably discharged...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

Bricker Graydon LLP

Is Remote Work ‘Protected’?

Bricker Graydon LLP on

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

Bowditch & Dewey on

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

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....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

Amundsen Davis LLC on

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

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