On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more
On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more
On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. ...more
On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”). The Order...more
1/23/2025
/ Bostock v Clayton County Georgia ,
Compliance ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Title VII ,
Trump Administration
In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more
1/23/2025
/ Bias ,
Civil Rights Act ,
Compliance ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Race Discrimination ,
Repeal ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII
In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more
7/26/2024
/ ADEA ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Job Applicants ,
Motion to Dismiss ,
Putative Class Actions ,
Title VII
On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.
As Proskauer previously covered, this final guidance follows proposed guidance,...more
5/7/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Investigations ,
LGBTQ ,
Pregnancy Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”),...more
4/22/2024
/ Civil Rights Act ,
Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more
4/18/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Continuing Violation Theory ,
Corporate Counsel ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Human Rights ,
New York ,
Remote Working ,
Retaliation ,
Summary Judgment ,
Title VII
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more
On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more
10/9/2023
/ ADEA ,
Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Canada ,
Causation ,
Compliance ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Proposed Guidance ,
SCOTUS ,
Title VII ,
Workplace Harassment Guidance
On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in...more
10/10/2022
/ Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
SCOTUS ,
Sexual Orientation Discrimination ,
Texas ,
Title VII
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding...more
3/16/2022
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Caregivers ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
National Origin Discrimination ,
New Guidance ,
Pregnancy Discrimination ,
Race Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Title VII
On October 25, the EEOC issued updated and expanded guidance regarding the obligations of employers under Title VII of the Civil Rights Act of 1964 (“Title VII”) when an employee presents with a religious objection to a...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On January 19, 2021, the U.S. Court of Appeals for the Fourth Circuit issued a noteworthy decision in Lemon v. Myers Bigel, P.A., No. 19-1380, 2021 WL 161978 (4th Cir. 2021), affirming a decision by the Eastern District of...more
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations are largely...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
While the Court’s decision resolves a circuit split on the issue, it does not in fact alter the law in the majority of jurisdictions, with eight circuits having already held that failure to exhaust administrative remedies...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more
4/29/2019
/ Altitude Express Inc v Zarda ,
Appeals ,
Bostock v Clayton County Georgia ,
Certiorari ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped...more