News & Analysis as of

Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Troutman Pepper Locke

California Privacy and AI Legislation Update: Part I

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Key point: The California legislature is considering more than 20 AI-related private sector bills....more

Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

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Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Rejects DOJ’s Request to End Oversight of Pennsylvania Bank’s Redlining Settlement

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On July 23, the U.S. District Court for the Eastern District of Pennsylvania denied the Department of Justice’s motion to terminate a consent order requiring a Pennsylvania bank to implement a five-year fair lending...more

BCLP

Neurodivergence, Discrimination Comparators, Privileged Documents in the Wrong Hands, and a News Round-up - UK HR Two Minute...

BCLP on

Our employment law update for July covers cases about legal principles tribunals must consider when analysing the ‘substantial adverse impact’ in disability claims, the difficulties in selecting discrimination comparators,...more

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

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2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...more

Proskauer - Government Contractor Compliance...

DOJ Civil Division’s New Enforcement Priorities Include Targeting DEI

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On June 11, 2025, Assistant Attorney General Brett Shumate issued a memorandum entitled Civil Division Enforcement Priorities (the “Memorandum”), outlining five areas of focus for Department of Justice (“DOJ”) Civil Division...more

Greenberg Glusker LLP

Sovereign Immunity and Younger Abstention Doctrine Don’t Protect States from Antidiscrimination Provisions

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The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has held for the first time that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining State governmental disciplinary...more

Proskauer - Law and the Workplace

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

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If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize. A survey of 1,342 full-time manager-level employees...more

Saul Ewing LLP

Seventh Circuit Expands Title IX Liability in Case of Star Athlete Readmitted After Expulsion

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Overview - On July 11, 2025, the Seventh Circuit issued a ruling in Arana v. Board of Regents, reversing summary judgment for the defendant university. In its ruling in the case, which involved the readmission of a star...more

Conn Maciel Carey LLP

Workplace Romance: Beyond the Headlines

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With the internet ablaze over the recent apparent outing of a workplace romance among executives during a Coldplay concert, employers may be reviewing the legal implications of workplace relationships and considering options...more

Whiteford

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

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"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Morgan Lewis

Federal Labour Court: Fixed-Term Contract Ends Despite Works Council Activity

Morgan Lewis on

On June 18, 2025, the Federal Labour Court (BAG) ruled on the appeal of a works council member (case reference: 7 AZR 50/24). The plaintiff was employed based on a fixed-term employment contract. This contract was concluded...more

Proskauer - California Employment Law

Employee Who Refused To Return To Work After COVID Was Not Disabled

Proskauer - California Employment Law on

Allos v. Poway Unified Sch. Dist., 2025 WL 1864797 (Cal. Ct. App. 2025) - Kheloud Allos sued her former employer, the Poway Unified School District, for alleged violations of the FEHA and the Labor Code based on the...more

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

Verrill on

Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

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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

Husch Blackwell LLP

Tennessee Attorney General’s Office Launches New Civil Rights Enforcement Division: What Employers Need to Know

Husch Blackwell LLP on

On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural...more

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

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The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Kohrman Jackson & Krantz LLP

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

Kohrman Jackson & Krantz LLP on

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

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It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Husch Blackwell LLP

Minnesota Employment Law: 2025 Legislative Session Update

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The Minnesota Legislative 2025 Session and one-day Special Session 2025 ended last month with the passage of an omnibus bill that contained several provisions changing the employment law landscape for employers with employees...more

White & Case LLP

European Court of Human Rights delivers final ruling in the case of Semenya v. Switzerland

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On 10 July 2025, the European Court of Human Rights (ECtHR) delivered its final ruling in the case of Semenya v. Switzerland1 . The ECtHR, sitting as Grand Chamber, found that Switzerland violated its procedural obligations...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

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Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Troutman Pepper Locke

HUD and OMB Effectively Disband the PAVE Task Force

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On July 10, the U.S. Department of Housing and Urban Development (HUD) and the Office of Management and Budget (OMB) jointly announced the effective disbandment of the interagency Property Appraisal and Valuation Equity...more

Goodwin

Judge Denies Joint Motion to Vacate CFPB Settlement with a Chicago-Based Non-Bank Lender

Goodwin on

An Illinois federal district court judge presiding over a revived redlining case denied a joint motion to vacate a 2024 voluntary settlement between the Consumer Financial Protection Bureau (CFPB) and a Chicago-based non-bank...more

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