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Muldrow Decision Should Result in Supervisor Training on Legal Risks From Workplace Changes

Last year, the U.S. Supreme Court issued a decision in Muldrow v. City of St. Louis that has resulted in profound changes to when employees can claim discrimination relating to job decisions that do not appear to have much...more

US Parent Not Liable for Employment Claims Brought Against Foreign Subsidiary

The applicability of U.S. labor and employment laws to U.S. citizens working outside of the country can be complicated. In general, if the citizen works for a U.S. company outside of the country, they enjoy the same legal...more

EEOC Ends Payments to State Agencies to Investigate Gender Identity and Disparate Impact Claims

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

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

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

President Trump Signs Order Ending Government Disparate Impact Investigations

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

Inclusion of Caste in EEO Policy Did Not Violate Employees' Constitutional Rights

In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit,...more

Supreme Court Rejects Challenge to McDonnell Douglas Discrimination Claims Analysis

Since 1973, federal courts reviewing claims of employment discrimination have used a framework first established by the U.S. Supreme Court’s McDonnell Douglas decision. Under this framework, plaintiffs must show a prima facie...more

Eleventh Circuit Reverses Dismissal of Challenge to PWFA Abortion Rules

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

What Employers Should Know About Executive Order on 'Illegal and Discriminatory DEI Efforts'

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

Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more

What a Potential EEOC Shift in Emphasis on Religious Discrimination Claims Could Mean for Employers

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

Mandatory COVID Testing Did Not Violate Employee's Religious Beliefs

Lawsuits challenging employers' authority to require measures intended to prevent COVID-19 infections continue to wend their way through the federal judiciary. Last month, the Seventh Circuit Court of Appeals rejected a claim...more

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

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

EEOC: Employers Can't Require Proof of Validity for Religious Accommodation Requests

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

Federal Courts Reaching Consensus on Religious Exemptions From Vaccine Mandates

During the height of the COVID-19 pandemic, employers attempting to enforce safety policies faced resistance from employees opposed to vaccination mandates. In many cases, employees claimed that taking the vaccine violated...more

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Supreme Court Finds Lateral Transfer Discriminatory Under Title VII

In order to demonstrate discrimination under Title VII of the Civil Rights Act of 1964, plaintiffs must show that they suffered an adverse employment action. When this action involves a termination, salary reduction or other...more

Non-Consensual Touching Not Comparable to Rude Employee Behavior

After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

EEOC Settlement of Flu Vaccine Mandate Shows Effect of New Religious Discrimination Standard

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

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

Americans With Disabilities Act Tester Challenge Dropped by Supreme Court

Much to the dismay of many small businesses, the U.S. Supreme Court on Tuesday dismissed its review of a case that could have limited high-volume lawsuits against entities alleged to have violated public accommodation...more

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

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