Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more
With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII’s protections against discrimination “based on … sex” included sexual orientation and gender identity, an increasing area of...more
4/11/2024
/ Bostock v Clayton County Georgia ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Groff v DeJoy ,
Harassment ,
LGBTQ ,
Religious Discrimination ,
SCOTUS ,
Sexual Orientation Discrimination ,
The Workplace Religious Freedom Act ,
Title VII ,
Training
Over the past few years, the rights of collegiate athletes have continued to expand, with name, image and likeness (NIL) deals being a hot topic of conversation and a way for student athletes to obtain significant...more
As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more
12/29/2023
/ ADEA ,
Age Discrimination ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Background Checks ,
Employment Discrimination ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Machine Learning ,
Pre-Employment Agreements ,
Proposed Legislation ,
State Labor Laws ,
Strategic Enforcement Plan
After the U.S. Supreme Court agreed to hear a case on the propriety of “tester” standing (Acheson Hotels, LLC v. Laufer), interested parties have anxiously awaited the Supreme Court’s much-needed guidance on who may sue for...more
12/8/2023
/ Acheson Hotels LLC v Laufer ,
Americans with Disabilities Act (ADA) ,
Disability Access Claims ,
Hospitality Industry ,
Hotels ,
Public Accommodation ,
SCOTUS ,
Standing ,
Title III ,
Website Accessibility ,
Websites
Over the past few decades, pay equity has remained at the forefront of legislation affecting employers. At the federal level, the Equal Pay Act of 1963 prohibits wage discrimination based on sex, and the Lilly Ledbetter Fair...more
Protecting against intellectual property theft and unauthorized disclosure of confidential business information has always been an important practice for businesses, yet the continuing evolution of the labor market post-COVID...more
As I completed an online shopping purchase the other day, I started thinking about how often I utilize online resources to fulfill tasks I once completed in person. In the year 2023, and especially after a global pandemic...more
Along with states and cities beginning to legislate the use of artificial intelligence (AI) in employment decision-making, the Equal Employment Opportunity Commission has reaffirmed its position of ensuring legally compliant...more
The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) chairwoman Charlotte Burrows stating that more than 80% of employers utilize this...more
This past June, the U.S. Supreme Court’s decision in Bostock v. Clayton County held that an employer violated Title VII when it discriminated against an applicant or employee because of their sexual orientation or gender...more
This past June, the U.S. Supreme Court decision in Bostock v. Clayton County expanded the protections of Title VII, which prohibits an employer from discriminating against an employee or applicant “because of … sex,” to...more
10/13/2020
/ Appeals ,
Bostock v Clayton County Georgia ,
Employment Discrimination ,
Equal Protection ,
Fourteenth Amendment ,
Gender Identity ,
School Boards ,
School Policies ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Students ,
Summary Judgment ,
Title IX ,
Title VII ,
Transgender
In March of 2019, members of the U.S. Women’s National Soccer Team (WNT) filed a collective and class action in federal court against the United States Soccer Federation, Inc. (USSF), asserting claims under Title VII and the...more
5/13/2020
/ Class Action ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Motion for Summary Judgment ,
Soccer ,
Title VII ,
Wage and Hour ,
Working Conditions
Beginning on April 1, 2020, employees across the nation were able to take paid leave for COVID-19 related reasons under the first-of-its-kind Families First Coronavirus Response Act (FFCRA). Soon enough, employees who have...more