On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more
6/6/2025
/ Appeals ,
Civil Rights Act ,
Dissenting Opinions ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Judicial Authority ,
Motion to Dismiss ,
Popular ,
Race Discrimination ,
SCOTUS ,
Statute of Limitations
On May 20, the Equal Employment Opportunity Commission announced that it will no longer provide funding to state and local EEO agencies for purposes of investigating or prosecuting discrimination charges based on allegations...more
Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...more
On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more
4/25/2025
/ Americans with Disabilities Act (ADA) ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Government Agencies ,
Government Investigations ,
Protected Class ,
Title VII ,
Trump Administration ,
Workplace Investigations
Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more
4/18/2025
/ Americans with Disabilities Act (ADA) ,
Data Privacy ,
Data-Sharing ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Joint Employers ,
PHI ,
Privacy Laws ,
Reasonable Accommodation ,
Staffing Agencies ,
Temporary Employees
As President Donald Trump’s efforts to downsize the federal government continue, the Equal Employment Opportunity Commission (EEOC) appears to be one agency that has avoided mass layoffs — at least for now. ...more
Last week, an Eighth Circuit Court of Appeals panel reversed a district court’s dismissal of a lawsuit filed by red state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion of abortion among...more
Nature supposedly abhors a vacuum, but does this principle apply to workplace discrimination, worker safety, and other areas of employment and labor law?...more
In the wake of President Donald Trump’s withdrawal last month of an executive order that required larger federal contractors to create and implement affirmative action plans intended to increase the participation of women and...more
2/14/2025
/ Affirmative Action ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Human Resources Professionals ,
Private Sector ,
Title VII ,
Trump Administration
During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more
1/10/2025
/ Appeals ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Discrimination ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Religious Accommodation ,
Title VII
With the transition to the new administration in Washington taking place later this month, how could this change affect the enforcement priorities of the Equal Employment Opportunity Commission? These priorities shift every...more
Over the past several months, we have seen an increasing number of new artificial intelligence (AI) products aimed at increasing worker safety in the manufacturing context. Many of these products use real-time data to...more
Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more
11/15/2024
/ Civil Rights Act ,
Coaches ,
Colleges ,
Equal Employment Opportunity Commission (EEOC) ,
Private Right of Action ,
Retaliation ,
Sex Discrimination ,
Teachers ,
Title IX ,
Title VII ,
Universities
Last week, the Equal Employment Opportunity Commission announced that it had reached a settlement agreement in a lawsuit filed against a Pennsylvania debt collection agency alleging failure to provide a religious...more
Following a "cause" finding in an Equal Employment Opportunity Commission charge of discrimination investigation, the agency issues a right to sue letter to the charging party or agrees to sue the employer on that person’s...more
When considering accommodations requested by an employee due to a disability, employers sometimes fail to think through the long-term effects of such changes. In many cases, the accommodation request is permanent, meaning...more
When reading case law involving litigation over Americans with Disabilities Act claims, one could be convinced that the workplace is a constant battleground between employees seeking excessive accommodations and employers...more
The construction industry has long been the subject of scrutiny by the Equal Employment Opportunity Commission with regard to sexual and other harassment issues. Several unique features of constructions sites make prevention...more
Companies with 100 or more U.S. employees are required to annually file Form EEO-1 with the Equal Employment Opportunity Commission. The EEO-1 provides demographic information about various classes of employees broken down by...more
Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more
As flu and other respiratory virus rates peak across the U.S., hospitals and other health care providers are responding by taking measures such as limiting patient visitors. For years, one element of this response has...more
As we have previously covered in EmployNews, companies are facing an increasing number of accommodation requests and claims from employees who allege they were discriminated against based on mental issues. Many of these...more
Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more
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
11/6/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Polygraph Tests ,
Protected Class
Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued a proposed guidance on workplace harassment. The EEOC intends the guidance to replace the current document that was issued in 1999....more