Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?
Enforcement Priorities of the Second Trump Administration: The False Claims Act
#WorkforceWednesday®: New DOL Leadership, NLRB Quorum, EEOC Enforcement Priorities - Employment Law This Week®
#WorkforceWednesday®: How Will Trump’s Federal Changes Impact Employers? - Employment Law This Week®
Building Bridges – Rev. Al Sharpton’s Blueprint for Harlem’s Museum of Civil Rights
#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
DE Under 3: Title VII Prohibits Discriminatory Job Transfers Even Without Significant Harm, U.S. Supreme Court Unanimously Ruled
DE Under 3: EEOC Consent Decree Illustrated Enforcement Stance Regarding Natural Hair Texture & Race Discrimination
The Burr Broadcast: EEOC Strategic Enforcement Plan
#WorkforceWednesday: EEOC Enforcement Plan, California Expands Paid Sick Leave, and Strikes Across the Country - Employment Law This Week®
DE Under 3: U.S. EEOC Announced Year-End Litigation Round-Up for Fiscal Year 2023
#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs
DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
Supreme Court Miniseries: Religious Accommodation at Work
Employment Law Now VII-133 - Hot Summer Employment Law Developments
#WorkforceWednesday: SCOTUS Introduces Heightened Standard for Religious Accommodation, Rules Against Affirmative Action, Protects “Expressive” Services - Employment Law This Week®
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
DE Under 3: New Controversial Proposed Rule Affecting Title VII
On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more
A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more
Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a statement on March 17, 2025, notifying universities and colleges that the EEOC intends to hold them accountable for antisemitism in on-campus...more
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending...more
On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more
On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change...more
On February 26, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case involving the appropriate standard for plaintiffs in a “reverse” discrimination case. Marlean Ames sued the...more
Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more
In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more
A group of 13 Democratic AGs wrote a letter to Walmart’s President and CEO expressing concern about Walmart’s announcement that it will end certain aspects of its diversity, equity, and inclusion (DEI) initiatives....more
Summary The U.S. Equal Employment Opportunity Commission (EEOC) has released new guidance addressing the use of wearable technologies in the workplace. These devices, which range from fitness trackers to biometric monitors,...more
Imagine this scenario: a hiring manager has been grappling with the challenge of finding a more effective way to screen candidates for open positions within their company. They've spent endless hours poring over resumes,...more
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more
A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more
In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more
Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more
Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck...more
On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...more
As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more
As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more
Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more
Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more
In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...more
On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more
On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more