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EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24, 2025,...more

Trump Targets a Major Legal Theory of Discrimination

We all know what ​“intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect? The U.S. Supreme Court invented a then-novel, and still somewhat...more

The Trump Transformation – Major Shifts in EEOC and Employment Law

Less than 24 hours after assuming the presidency, Donald Trump announced significant changes in the leadership and focus of the Equal Employment Opportunity Commission (“EEOC”), as well as other policy changes which will...more

How Recent Changes to Administrative Law May Alter Labor and Employment Law as We Know It

Few legal developments sound less sleep-inducing than ​“changes to federal rulemaking authority.” But don’t mistake dullness for a lack of impact: a pair of Supreme Court decisions just issued will arguably have the single...more

EEOC Releases Annual Performance Report for Fiscal Year 2023

It comes as no surprise that the EEOC’s enforcement activity, charge activity, and settlements have all increased under a Democratic administration. The EEOC’s recent Annual Performance Report paints that picture in numbers,...more

EEOC Guidance Tackles AI and Other Advanced Technologies in Employment Decision Making

Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based on...more

The New Regulatory Frontier: Using AI Tools is About to Become More Difficult

Employers can be forgiven for diverting their attention during the past three years to pressing pandemic-related employment issues—vaccine mandates, return-to-work challenges, managing hybrid workforces, with all the novel...more

Tackling the Privacy, Data Security, and Employment Issues Related to Returning to Work

Coronavirus testing and screening procedures are central to many companies’ return-to-work plans. Because testing and screening data is often sensitive and may help to determine whether individuals are allowed to work,...more

Legal Update: Trump’s One-offs to Labor Regulations Change the Big Picture

When Trump was a brand-new President (or force of nature, depending on how you look at it), we observed that the dawn of his administration would not necessarily augur wholesale changes to the overall landscape of legal...more

Title VII and Sexual Orientation – Front and Center at the Second Circuit on Inauguration Day

As President-Elect Donald Trump moved into the White House on Inauguration Day last Friday, the excitement and political tensions were not confined to the nation’s capital. LGBTQ rights supporters decorated with rainbow ties...more

AARP Sues EEOC Over Wellness Program Rules

The American Association of Retired Persons (AARP), the nation’s largest consumer interest group for Americans over 50, is suing the Equal Employment Opportunity Commission (EEOC) over its new wellness program rules, which...more

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