On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
1/4/2024
/ Appellate Courts ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Evidence ,
Evidentiary Standards ,
Reverse Discrimination ,
Sexual Orientation ,
Title VII
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more
8/23/2023
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Commission on Human Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
En Banc Review ,
Gender Discrimination ,
Precedential Opinion ,
Public Employees ,
Remand ,
Reversal ,
Terms and Conditions ,
Title VII ,
Wage and Hour ,
Work Schedules
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more
8/11/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Department of Education ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Groff v DeJoy ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Undue Hardship
The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity,...more
8/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College ,
Title VII
On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more
7/5/2023
/ Artificial Intelligence ,
Audits ,
Automation Systems ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Notice Requirements
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more
5/24/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Title VII
The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection (DCWP) adopted highly anticipated final rules implementing the city’s law regulating the use of automated employment decision tools (AEDT) tools...more
On January 18, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a notice proposing to modify its complaint process by adding a pre-complaint step whereby a complainant would be able to lay out basic...more
On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the...more
12/6/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Civil Rights Act ,
Dismissals ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fort Bend County Texas v Davis ,
Petition for Writ of Certiorari ,
Title VII ,
Transgender ,
Verification Requirements
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster that covered employers are required to display in their workplaces entitled “Know Your Rights: Workplace Discrimination...more