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Discrimination › Employees › Employer Liability Issues

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 -
Schwabe, Williamson & Wyatt PC

Washington Employment Law Updates

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A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding...more

Amundsen Davis LLC

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

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Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

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In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

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In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

Bass, Berry & Sims PLC

President Trump Revokes Executive Order 11246

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“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Littler

UK Employment Law Wrapped 2024

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Was 2024 a great year for the UK economy? No. Do UK businesses at least now have greater clarity regarding the details of the upcoming changes in employment law? Also no....more

Littler

UK: Menopause Awareness in the Workplace

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Menopause awareness continues to be a growing focus for employers in the UK. In light of World Menopause Day 2024, we wanted to provide a recap on the developments and updates that have been made in the space this year. ...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

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Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Epstein Becker & Green

New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination,...

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The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements. ...more

Harris Beach Murtha PLLC

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach Murtha PLLC on

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

FordHarrison

New Illinois Employment Laws (Likely) Coming Soon!

FordHarrison on

The Illinois Legislature has been busy this 2024 session, passing more than 10 new employment laws or amendments to existing employment laws in May 2024, only one of which in any manner affirmatively helps employers. We will...more

Troutman Pepper Locke

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

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Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

Bradley Arant Boult Cummings LLP

Freeing the Well-Being: Mental Health Accommodations in the Workplace

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Does it seem like you are dealing with more mental health issues in your workforce? If so, you are not alone. Recent mental health claim statistics show an alarming increase in chronic illnesses since the pandemic. For adults...more

Farella Braun + Martel LLP

Employers Do Not Demonstrate Discriminatory Animus By Merely Repeating Pejorative Remarks When Investigating Complaints

Farella Braun + Martel LLP on

In a victory for employers seeking summary judgment in employment discrimination cases, the Ninth Circuit held that discriminatory remarks that merely quote third parties—including pejorative phrases—do not create a genuine...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

U.S. Equal Employment Opportunity Commission... on

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Bass, Berry & Sims PLC

Gender-Affirming Care Remains a Hot Topic in 2024

Bass, Berry & Sims PLC on

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

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