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‘Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more

SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions

The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil...more

EEOC VC Samuels’ Keynote at Workplace Horizons Addresses PWFA, AI, Muldrow & More

Jocelyn Samuels was designated by President Joe Biden as Vice Chair of EEOC on January 20, 2021. She joined the EEOC as a Commissioner on October 14, 2020, and on July 14, 2021, was confirmed for a second term ending in 2026....more

EEOC Enforcement Guidance on Workplace Harassment: Liability

The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

EEOC Enforcement Guidance on Workplace Harassment: Covered Bases and Causation

The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace...more

U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more

U.S. Supreme Court Appears to Side With Employee Alleging Discriminatory Transfer in Oral Argument

Even as the U.S. Supreme Court heard oral argument in Muldrow v. City of St. Louis, Mo., No. 22-193, on Dec. 6, 2023, on the narrow issue of whether Title VII of the Civil Rights Act of 1964 prohibits job transfers that do...more

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

U.S. Supreme Court to Hear Whether Title VII Protects Employees Contending Discriminatory Transfer

The U.S. Supreme Court will decide whether Title VII of the Civil Rights Act prohibits discrimination in forced transfer decisions without also requiring a showing that the transfer decision caused the employee a materially...more

Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more

U.S. Supreme Court Refuses Review of Case Involving Technical Issue With Plaintiff’s EEOC Charge

Refusing to weigh in on the impact of a plaintiff’s failure to verify her discrimination charge filed with the Equal Employment Opportunity Commission (EEOC), the U.S. Supreme Court lets stand the lower court’s conclusion...more

Looking Back: Spotlight on Justice Breyer’s Employment Law Legacy

On January 27, 2022, Justice Stephen Breyer formally announced his retirement from the nine-member U.S. Supreme Court, effective at the start of the 2022 summer recess....more

Rumors And Gossip In Workplace Can Create Employer Liability For Harassment, Fourth Circuit Holds

Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal...more

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