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The Supreme Court Says Employers Can Be Liable for Discriminating Against Majority Groups

Earlier this month, in a long-awaited ruling, the U.S. Supreme Court sided with a straight white woman who claimed to have lost out on two positions to LGBT candidates and was also demoted in favor of them. ...more

New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

The List of States Regulating Non-Disclosure Provisions Continues to Grow

From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

When Mental Health and Performance Management Collide

Lisa, one of your team’s sales representatives, has been a consistent performer during her first year with the company. She has proven herself to be detail oriented, personable with clients, and willing to assist her team to...more

New Litigation for Employers on the Horizon: New York Passes the Adult Survivors Act

On May 24, 2022, New York's governor signed the Adult Survivors Act, S.66A (the ASA) into law. The ASA will revive sexual abuse claims that have expired under the applicable statute of limitations period. ...more

Best Practices for Drafting Your IHE's Severance Agreements

Severance agreements outline the rights and responsibilities of both the employer and employee at the point that an employee separates from their job. These contracts summarize the benefits the employee will receive upon...more

The Likely End of Mandatory Arbitration Agreements for Sexual Misconduct in the Workplace

On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), drastically limiting the scope of pre-dispute arbitration agreements and class/collective...more

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