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Supreme Court Resolves Conflict on Burden for ‘Reverse’ Discrimination Claims

In Ames v. Ohio Department of Youth Services, No. 23-1039 (S. Ct. June 5, 2025), the US Supreme Court unanimously dispelled the concept of “reverse” discrimination, making clear that discrimination on the basis of a protected...more

EEOC and DOJ Issue Guidance on DEI-Related Discrimination

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more

Will AI Short Circuit the Workplace? Some Considerations for the Continued Use of AI By Employers

The increased use of artificial intelligence (AI) in the workplace has already raised issues about working time, proper classification, and discrimination. This alert addresses some of these issues. Working Time and...more

New Jersey Employers May Mandate COVID-19 Vaccination for Employees

Employers should ensure they have appropriate policies in place for properly handling confidential medical records. On March 19, 2021, New Jersey adopted guidance from the Equal Employment Opportunity Commission and...more

EEOC Proposes Final Rules Regarding Incentives for Participating in ‘Voluntary’ Wellness Programs

Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more

EEOC Proposes Updates to its Guidance on Religious Discrimination

On November 17, 2020, the US Equal Employment Opportunity Commission (EEOC) announced that it is seeking public input on its updated Compliance Manual Section on Religious Discrimination (the Manual). According to the...more

The EEOC Further Updates Its COVID-19 Guidance

Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws. The update incorporates...more

Opioid Use and the ADA: EEOC Issues New Guidance

On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use. The document, entitled Use and Misuse of Codeine, Oxycodone,...more

EEOC Rejects COVID-19 Antibody Tests

Yesterday, the EEOC answered a question that has perplexed employers for weeks: Under the ADA, may employers require antibody testing before they permit employees to re-enter the workplace? An antibody test is a medical...more

EEOC Updates COVID-19 Technical Assistance Guidance

With the economy reopening, on June 11, 2020, the EEOC updated its COVID-19 Technical Assistance Publication — What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws — to identify concerns...more

EEOC Updates COVID-19 Guidance on Dealing With Employees Who Have Underlying Medical Conditions

Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the...more

Latest EEOC COVID-19 Guidance Addresses Two Key Employment Questions

Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic: May employers administer a COVID-19 test — a test to detect the presence...more

New: EEOC Updates COVID-19 Guidance

On April 17, the Equal Employment Opportunity Commission again updated and expanded its prior guidance on legal issues related to the COVID-19 pandemic. Below is what you need to know most from the EEOC’s new FAQs....more

The EEOC Issues Additional Guidance in Light of COVID-19 Pandemic

Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the...more

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