Hot Spots in Employment Law 2022
High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana
DE Talk: Disability Education & Accessibility: Overcoming the Digital Divide
Illegal or ill-mannered? Title VII meets Ms. Manners
Williams Mullen's COVID-19 Comeback Plan: Conducting Reductions in Force Post COVID-19
Podcast: IP(DC): Drug Prices, Political Pressures & Patents
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
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
Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more
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
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
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
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
On February 14, 2024, California State Senator Lola Smallwood-Cuevas introduced Senate Bill 1137 (“SB 1137”), a bill that would make California the first state to specifically recognize the concept of “intersectionality.”...more
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
The job search process was frustrating for my firstborn, Mateo. He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at his current employer, he...more
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
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
“Tough Coaches” at the professional level or college level garner reputations on their own. As sports become more professional and retain a formal structure, it is essential for clubs to understand the line between a “tough...more
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
The U.S. Supreme Court’s Bostock v. Clayton County decision recognized discrimination on the basis of sexual orientation and gender identity as forms of sex discrimination, essentially incorporating such claims into Title...more
In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more
The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more
Last week, the U.S. House of Representatives approved the Creating a Respectful and Open World for Natural Hair, or CROWN Act. The bill would add a new protected classification to federal employment and other discrimination...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed a complaint filed by a former employee of the New York City Department of Education alleging employment...more
In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more
Last week, the Fifth Circuit issued a reminder that although the Supreme Court’s recent landmark decision in Bostock v. Clayton County held that the sex discrimination prohibited under Title VII includes discrimination on the...more
Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more
The U.S. House of Representatives passed a bill last week known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes. Last year, the...more
As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more