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
The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to...more
7/24/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
Religious Beliefs ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standing ,
Substantial Burden ,
Title VII
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 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more
4/27/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Innovative Technology ,
Joint Policy Statements ,
Machine Learning ,
Technology Sector
On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more
4/18/2023
/ Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Model Rules ,
Online Platforms ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
The U.S. Equal Employment Opportunity Commission (EEOC) has expressed a renewed intention to enforce federal laws prohibiting discrimination in pay amid a reported persistent “pay gap” between women and men in the United...more
3/15/2023
/ Audits ,
Civil Rights Act ,
Corrective Actions ,
Data Collection ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Equal Pay Act ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Title VII ,
Transparency ,
Wage and Hour
The recently passed Pregnant Workers Fairness Act (PWFA), set to go into effect on June 27, 2023, will require employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth,...more
The White House recently launched an effort to revise and update the statistical standards for race and ethnicity data collection across federal agencies with a stated goal of better reflecting the growing diversity of people...more
2/15/2023
/ Affirmative Action ,
Biden Administration ,
Comment Period ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
OMB ,
Public Agencies ,
Public Employees ,
Statistical Analysis
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 November 10, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed revisions to its Employer Information Report (EEO-1) Component 1 data collection to streamline the process for large employers with...more
One day after releasing a new required poster for covered employers, the U.S. Equal Employment Opportunity Commission (EEOC), on October 20, 2022, published an updated version that it is instructing employers to use...more
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
Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of...more
7/12/2022
/ Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
LGBTQ ,
New Guidance ,
NYCHRL ,
Title VII
With more employees returning to the office and physical workplaces as pandemic restrictions are eased and with an increasingly competitive labor market, it is especially important that employers be vigilant in responding to...more
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more
5/16/2022
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
DFEH ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
New Guidance ,
Proposed Regulation ,
Screening Procedures
The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more