On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on...more
7/28/2025
/ Artificial Intelligence ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
NIST ,
Regulatory Requirements ,
Trump Administration
Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more
6/30/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
Labor Reform ,
OFCCP ,
Regulatory Requirements ,
Reporting Requirements ,
Trump Administration
A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more
6/16/2025
/ Attorney-Client Privilege ,
Corporate Social Responsibility ,
Discovery ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Litigation Strategies ,
Pay Discrimination ,
Pay Equity Laws ,
Race Discrimination ,
Risk Management ,
Sex Discrimination ,
Wage and Hour ,
Work-Product Doctrine
The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised 2024 EEO-1 Component 1 Instruction Booklet and a justification request in support of its requested revisions to the Office of Information and...more
4/28/2025
/ Data Collection ,
Discrimination ,
EEO-1 ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
Gender Identity ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements
On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more
4/25/2025
/ Artificial Intelligence ,
Department of Justice (DOJ) ,
Deregulation ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Federal Labor Laws ,
Government Agencies ,
Labor Reform ,
Machine Learning ,
Trump Administration
On March 19, 2025, the EEOC issued two technical assistance documents addressing “DEI-related discrimination” in the workplace. The first document, issued jointly with the Department of Justice, is a one-pager titled “What To...more
3/20/2025
/ Affirmative Action ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Reverse Discrimination ,
Sex Discrimination ,
Title VII
On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more
2/24/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Preliminary Injunctions ,
Title VII
On Day 1 of President Trump’s new administration, he issued a series of Executive Orders. The “Ending Radical And Wasteful Government DEI Programs and Preferencing” Order revokes the Biden Administration’s prior DEI efforts...more
1/22/2025
/ Anti-Discrimination Policies ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
Trump Administration
The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Expression ,
Gender Identity ,
Labor Reform ,
LGBTQ ,
Regulatory Reform ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Non-Discrimination Rules ,
ZIP Codes
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
7/23/2024
/ Algorithms ,
Amicus Briefs ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Hiring & Firing ,
Innovative Technology ,
Machine Learning ,
Putative Class Actions ,
Title VII
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
5/2/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Human Resources Professionals ,
Title VII ,
Vendors
The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more
3/29/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
Risk Management
The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more
3/27/2024
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
NLRB ,
OFCCP ,
Risk Management ,
Wage and Hour
Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more
Seyfarth Synopsis: The draft text of the EU AI Act has been unofficially posted online, showing that there has been significant momentum towards the Act’s final passage. Under the posted draft of the Act, the provisions...more
Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of...more
10/31/2023
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Defense Production Act ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Executive Orders ,
Innovative Technology ,
Machine Learning ,
NIST ,
Risk Management ,
Technology Sector
Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in...more
Seyfarth Synopsis: On Equal Pay Day 2020, Seyfarth’s Pay Equity Group is pleased to release two reference guides: its Fourth Annual 50-State Pay Equity Desktop Reference and 2020 Developments in Pay Litigation Report.
...more
3/31/2020
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Today, the EEOC announced that it will extend the deadline for submission of the EEO-1 Report until May 31, 2019. The EEOC promises that additional details and instructions for the 2018 submission,...more
2/5/2019
/ Data Collection ,
Deadlines ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation...more
Seyfarth Synopsis: On Wednesday, December 12th, the EEOC hosted a Data Dialogue Listening Session for stakeholders regarding the new Office of Enterprise Data and Analytics (“OEDA”). ...more
Seyfarth Synopsis: Effective on January 1, 2018, California’s new salary history ban law will prohibit inquiries about an applicant’s salary history and will create an affirmative obligation to disclose a “pay scale” upon an...more
1/2/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: On September 12, 2017, the New York City Commission on Human Rights released two eagerly-awaited Fact Sheets to aid in the interpretation of the NYC salary history ban, which goes into effect on October 31,...more
9/18/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Regulatory Oversight ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: In update to our alert yesterday, Acting Chair Victoria Lipnic released a statement regarding the Office of Information and Regulatory Affairs’ (“OIRA”), decision to stay the implementation of the pay data...more
8/31/2017
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OIRA ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour