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Best Practices Employment Discrimination

Berkshire

Test Validation: How it Helps Foster Merit-Based Decision-making

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With the recent push by the EEOC for employers to use merit-based hiring to promote equal opportunity, the federal government is making it clear that employers should be using job-related, skills-based employee selection...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more

McDermott Will & Schulte

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

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In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Bradley Arant Boult Cummings LLP

The Future of DEI Programs for Private Employers: DEI-D in the Water?

Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29,...more

DLA Piper

DOJ Memo Provides Guidance on Prohibited Discrimination Practices for Federal Contractors and Federal Funds Recipients

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United States Attorney General Pam Bondi recently issued a memorandum to all federal agencies titled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”...more

Womble Bond Dickinson

DOJ’s DEI Directive: Navigating New Compliance Risks

Womble Bond Dickinson on

On July 29, 2025, the U.S. Department of Justice issued a memorandum to federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination”. The Guidance is intended to clarify how federal...more

Morgan, Brown & Joy, LLP

Department of Justice Issues New Guidance Related to Employers’ DEI Programs

On July 29, 2025, the Department of Justice (DOJ) issued a memorandum, providing further guidance on the application of federal antidiscrimination laws, policies, programs, and practices, paying particular attention to...more

Perkins Coie

DOJ’s DEI Federal Fund Recipient Guidance Deserves Attention by Private Sector Employers

Perkins Coie on

Key Takeaways - - A recently released memo from the U.S. attorney general reminds employers of the current administration’s stance on diversity, equity, and inclusion efforts. - The guidance is explicitly directed at...more

Brownstein Hyatt Farber Schreck

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and...more

Berkshire

DOJ Releases Additional Guidance Regarding Unlawful Discrimination

Berkshire on

In a memo to all federal agencies dated July 29, 2025, “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination,” Attorney General Pam Bondi clarifies the Trump administration’s stance on illegal...more

Fisher Phillips

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

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Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

JAMS

[PODCAST] Evolving Challenges in Employment Mediation: Managing Emotions, Shifting Strategies and Legal Trends

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The Mediation Table: Conversations in Conflict Resolution - Employment mediation continues to evolve—driven by rising emotional complexity, changing workplace dynamics and new legal challenges. In this podcast episode, JAMS...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Ice Miller

Employee Terminations: Honesty is the Best Policy

Ice Miller on

Terminating an employee can be one of the most consequential decisions an employer can make. The best way to mitigate risk? Honesty....more

Weintraub Tobin

California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)

Weintraub Tobin on

In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part two of the Workplace Investigation Series, discussing best practices for collecting information during a workplace...more

Troutman Pepper Locke

Water Cooler Talk: 'Harry Potter' Reveals Magic of Feedback

Troutman Pepper Locke on

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on various methods of feedback used by “Harry Potter” characters and how...more

K&L Gates LLP

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

K&L Gates LLP on

On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of...more

CDF Labor Law LLP

[Webinar] The Future of DEI for California Employers in a Shifting Legal Landscape - April 30th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join a panel of CDF attorneys for an insightful webinar addressing the current state of Diversity, Equity, and Inclusion (DEI) initiatives for California employers in light of recent federal developments. The Trump...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

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