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Corporate Counsel Title VII Disparate Impact

Fisher Phillips

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

Fisher Phillips on

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

Epstein Becker & Green

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

Epstein Becker & Green on

On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more

Fisher Phillips

EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know

Fisher Phillips on

Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2021 (And Our Annual EEOC Enforcement Report)

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Seyfarth Synopsis: As 2022 begins, we are pleased to present our annual selections for the five most intriguing developments in EEOC litigation during 2021, as well as our annual report on developments and trends in...more

Seyfarth Shaw LLP

Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment...

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Seyfarth Synopsis: In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Parker Poe Adams & Bernstein LLP

Ex-Employees Can Challenge Statistical Impact of Reductions in Force

On occasion, employers defending lawsuits filed by their employees raise questions over the legal validity of what most attorneys consider to be settled law. A good example comes from a recent decision by the U.S. Court of...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

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For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eighth Circuit Sheds Light on the Legality of Employer Disqualification Policies

Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when...more

Littler

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

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The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

BakerHostetler

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

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Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No to Applicant Disparate Impact Age Discrimination Claims

How would your company react if legal counsel advised you that the mere act of recruiting on college campuses exposes the business to class action employment discrimination claims? Fortunately, this scenario will not happen...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

Seyfarth Shaw LLP

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

Seyfarth Shaw LLP on

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Seyfarth Shaw LLP

Court Certifies Title VII Discrimination Case Based On Discretionary Decision-Making

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In Rollins v. Traylor Brothers, Case No. 14-CV-1414 (W.D. Wash. Jan. 21, 2016), Judge John Coughenour of the U.S. District Court for the Western District of Washington certified the claims of a class of workers alleging...more

Pullman & Comley - Labor, Employment and...

Fourth Circuit Court Of Appeals Holds That Gender Normed Physical Fitness Tests Do Not Run Afoul Of Title VII

As we are all aware, Title VII of the Civil Rights act of 1964 prohibits, among other things, discrimination in employment on the basis of sex. This prohibition extends not only to intentionally discriminatory conduct, but...more

Franczek P.C.

Are Outsourcing Arrangements a New Vehicle for Alleging Employment Discrimination?

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Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United...more

Seyfarth Shaw LLP

Court Finds Promotional Tests Violate Title VII

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In Bruce Smith, et al. v. City of Boston, Case No. 12-CV-10291 (D. Mass. Nov. 16, 2015), Judge Young of the U.S. District Court for the District of Massachusetts held that the City of Boston Police Department’s (the...more

Laner Muchin, Ltd.

Court Orders EEOC To Pay Employer Nearly $1 Million In Attorneys' Fees And Costs, Finds EEOC Pursued Case Long After It Was Clear...

Laner Muchin, Ltd. on

Employers often criticize the EEOC’s position on employers’ use of background checks in the application process as increasing exposure for disparate treatment claims from applicants and as being willfully blind to legitimate...more

McAfee & Taft

EEOC takes aim at Target for discriminatory pre-employment tests

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The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Mintz - Employment, Labor & Benefits...

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

Kelley Drye & Warren LLP

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

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