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Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Recent Complaints Illustrate Reverse Discrimination Issues

Following the Supreme Court’s recent affirmative action decision, legal press publications have reported about complaints and enforcement threats sent to law firms based on their diversity initiatives. In some cases, these...more

Can Employee Affinity Groups Result in Discrimination Claims?

In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more

U.S. Supreme Court Agrees to Hear Case on Whether Lateral Transfer Is Basis for Discrimination Claim

In addition to releasing several major decisions, the end of the U.S. Supreme Court’s annual term included the justices agreeing to hear the appeal of a case with important implications for employers. The case involves the...more

New York City Adds Weight and Height to Protected Classes for Employment Purposes

Last month, New York City Mayor Eric Adams signed a new ordinance that adds weight and height to the city’s antidiscrimination prohibitions. The new measure means that employers in New York can be sued for discrimination...more

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

Statistics on Average Age of Employees Selected for Reduction in Force Helps Reverse Dismissal of Discrimination Claim

Employers considering layoffs or other restructurings should carefully develop a plan for evaluating and selecting employees who will be affected by the changes. In many situations, age discrimination claims become a major...more

Seattle Adds Caste to Anti-Discrimination Ordinance

Last week, the city of Seattle approved a proposal to add caste to its list of protected classifications under its antidiscrimination ordinance that applies to employment and housing. Caste is a social hierarchy system based...more

Alleged Attempt to Change Business' Demographics Deemed Direct Evidence of Discrimination

​​​​​​​Under the “stray remarks” doctrine, courts can conclude that an employer’s expressions of frustration, or comments by a manager not involved in an adverse employment decision, are not persuasive evidence of...more

Motive Behind Employer's Investigation Determines Retaliation Question

​​​​​​​Here’s another common scenario we see with clients: An employer has an especially difficult employee who has made multiple complaints about their treatment while at the same time performing terribly and missing...more

Asking Employees About Salary Expectations Could Lead to Discrimination Claims

In recent years, a number of states have passed laws prohibiting prospective employers from asking applicants about their salaries in their current jobs or overall salary history. However, these laws may not restrict...more

Long-Term COVID-19 Symptoms Raise Specter of Future Failure-to-Hire Claims

Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more

Ninth Circuit Agrees That Paramour Preference Does Not Violate Title VII

In a new opinion from the Ninth Circuit Court of Appeals, Maner v. Dignity Health, the plaintiff was a male design engineer who was laid off due to performance and budget cut issues. He alleged that he had been discriminated...more

Civil Rights Law Prohibits Discrimination on the Basis of Color as Well as Race

One of our clients recently received a charge of discrimination filed by a former employee with the Equal Employment Opportunity Commission. The employee, who the employer considered to be African-American, became involved in...more

EEOC Proposes Rules for Conciliation Process

Under federal civil rights laws, if the Equal Employment Opportunity Commission finds reasonable cause to believe that a charging party has been discriminated against, it must enter into settlement discussions before...more

U.S. Supreme Court Issues Two Rulings Broadening Exceptions for Religious Employers

In its 2012 Hosanna-Tabor decision, a unanimous U.S. Supreme Court recognized that religious organizations have the ability to select, discipline, and discharge employees who perform ministerial duties – without being...more

EEOC Issues Guidance on Return to Work Discrimination Issues

As federal and state governments begin planning return-to-work scenarios, on April 17, the Equal Employment Opportunity Commission issued revisions to its COVID-19 pandemic questions and answers guidance. Among other things,...more

Virginia Adopts LGBTQ Employment Discrimination Ban

Last Monday, Virginia became the first state in the South to enact a state law prohibiting discrimination in employment on the basis of sexual orientation or gender identity. The employment discrimination ban was part of a...more

EEOC Updates COVID-19 Guidance

Last Thursday, the Equal Employment Opportunity Commission issued an expanded technical assistance Q&A on employment discrimination concerns associated with employers’ COVID-19 response efforts. The advisory does not make...more

EEOC Announces Pause to Issuance of Right to Sue Letters

Employers that are already perplexed by the long time it takes the EEOC to complete investigations will now have even longer to wait for the conclusion of discrimination charges. Earlier this week, the EEOC announced that due...more

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Employers Cannot Shorten Time Period for Filing Suit Under Title VII

Title VII of the Civil Rights Act of 1964 provides specific time limitations for filing EEOC charges and subsequent lawsuits. What happens, however, if the employer and employee agree to shorten the period of time under which...more

Increased Scrutiny and Write-Ups Lead to Retaliation Verdict

Here is a scenario we commonly face with clients: A poor-performing employee has not quite reached the point of termination. Just prior to a final decision on her employment, she goes to the Human Resources Department to...more

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

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