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Discrimination › Employer Liability Issues › Employee Rights

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 -
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

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

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Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

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

Butler Snow LLP

Ames v Ohio Department of Youth Services: SCOTUS Removes Additional Requirement in “Reverse Discrimination” Cases

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In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more

Parker Poe Adams & Bernstein LLP

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

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Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

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As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...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

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

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Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

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Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...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

Morgan Lewis

French Employers May Decline Internal Investigations for Misconduct or Noncompliance

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The Défenseur des Droits published on February 5, 2025 a framework decision confirming that employers are not required to conduct an internal investigation unless they receive claims of discrimination or sexual harassment...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

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On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...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

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

Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

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As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the...more

Saul Ewing LLP

California Implements New Intersectionality and Captive Audience Meeting Laws

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California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...more

Saul Ewing LLP

Illinois Amends IHRA to Protect Caregiver Status

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 2161, the newest amendment to the Illinois Human Rights Act (IHRA), which prohibits employers from discriminating against an employee or applicant based on their...more

Sheppard Mullin Richter & Hampton LLP

Beyond Appearances: New York City Enacts Legislation Prohibiting Discrimination Based on Height and/or Weight

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On May 26, 2023, New York City Mayor Eric Adams signed into law an amendment to the New York City Human Rights Law (NYCHRL) that bans employment discrimination on the basis of an individual’s height and/or weight. The...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Dentons

HR Quick Take: Anti-Discrimination Laws

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Q: Did the Iowa legislature make any changes to the anti-discrimination laws in the 2022 session?...more

Fox Rothschild LLP

Can Employees Face Disciplinary Action For Their Social Media Posts?

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Social media has long been an outlet for expression. With the current COVID-19 pandemic, the upcoming elections and the protests surrounding police brutality and racial injustice, social media has been an instrumental...more

Fox Rothschild LLP

Preparing For Protesters To Return To Work: Employer Do’s And Don’ts

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Mass protests in the wake of the killing of George Floyd have raised concerns among public health professionals that the proximity of the protestors to each other – and the shouting and chanting typical of protests – could...more

A&O Shearman

Developments in Workplace Discrimination Guidance in the Wake of COVID-19

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Many employers have been forced to consider employee layoffs, furloughs or salary reductions as a way to manage some of the financial hardship created by COVID-19. Companies should keep in mind existing federal, state and...more

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