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A Case Study on the First Amendment Defense for Entertainment Industry Employers

The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many...more

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

California to Require Venture Capital Firms to Report Demographic Information

On October 8, 2023, California Governor Gavin Newsom signed Senate Bill 54 (SB 54), Fair Investment Practices by Investment Advisers, which requires venture capital firms to collect and report data on the demographic...more

California Governor Vetoes Bill Banning Caste Discrimination

On October 7, 2023, Governor Gavin Newsom vetoed proposed bill SB 403, which, as previously discussed, sought to ban discrimination based on caste under the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, and...more

Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop-W.O.K.E.” Law)

On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the “Stop-W.O.K.E.” law) went into effect, and about one year after a Florida federal court partially enjoined the new law,...more

California Bill Seeks to Ban Caste-Based Discrimination State-Wide

On July 5, 2023, the California Senate voted 34-1 in favor of clarifying existing law by defining “ancestry” to include “caste” as protected within the state’s anti-discrimination statutes....more

The Littler Annual Employer Survey Report - May 2023

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Seattle Becomes the First U.S. Jurisdiction to Prohibit Caste Discrimination

On February 21, 2023, the City of Seattle, Washington became the first U.S. city – or any U.S. jurisdiction for that matter – to add caste to its list of categories protected against discrimination.  As described below, this...more

IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023

In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more

Littler Lightbulb: Highlighting 25 Tips in Recruiting a Diverse Workforce

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

Dear Littler: Must we accommodate an employee’s religious views in every instance?

Dear Littler: I’m an HR representative at an advertising agency based in New York City. We have a question about a religiously vocal employee. Recently she has made her opinions on homosexuality known to her entire...more

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