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Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background...more

EEOC Acting Chair Issues Statement Announcing Commission's Plans to Remove Gender Ideology and Return to Mission of "Protecting...

On 28 January 2025, the Acting Chair of the Equal Employment Opportunity Commission (EEOC or Commission), Andrea Lucas (Acting Chair Lucas) issued a statement announcing that the Commission is returning to its “mission of...more

Uncharted Waters: Employers Brace for Significant and Unprecedented Changes to Employment Law Enforcement Under New Administration

As the Trump administration transitioned into power, the White House issued over 25 executive orders in the first days in office addressing a variety of topics including many focused on employment laws. While the flurry of...more

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

UPDATE: On 8 January 2025, the Federal Acquisition Regulatory Council (FAR Council) officially withdrew its proposed rule that would have (1) barred federal contractors from seeking and using job applicants’ compensation...more

US Supreme Court Unanimously Adopts Heightened "Undue Hardship" Standard in Title VII Religious Accommodation Analysis

Overview - As of 29 June 2023, employers must modify their practices when evaluating requests for religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), because “undue hardship” is no longer...more

New Pregnant Workers Fairness Act Provides Protections For Pregnancy-Related Conditions

Effective 27 June 2023, the Pregnant Workers Fairness Act (PWFA) is a new law that closes a gap in coverage under federal law for pregnant and postpartum workers and applicants. This new law guarantees the affirmative right...more

EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under...

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing,...more

Post-Pandemic Employer Considerations: EEOC Updates COVID-19 Technical Guidance as Public Health Emergency Expires

While many have moved on from thinking about COVID-19 and its impact on daily life, employers are reminded that despite the expiration of the public health emergency (PHE), there are still workplace considerations related to...more

COVID-19: EEOC Withdraws Proposed Rules on Employer Wellness Incentives, Leaving Uncertain the Permissibility of COVID-19...

The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...more

COVID-19: Mandatory Vaccinations: New EEOC Publication Provides Timely Guidance for Employers

As additional COVID-19 vaccines receive emergency use authorization from the Food and Drug Administration, more employers are weighing the risks of implementing mandatory vaccination programs for employees. ...more

K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs [Audio]

This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more

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