News & Analysis as of

Discrimination Human Resources Professionals Equal Employment Opportunity Commission (EEOC)

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 -
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

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

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

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The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Constangy, Brooks, Smith & Prophete, LLP

Retaliation. The second guy always gets caught.

Mike Daniels is a 300-pound mound of sound who played defensive tackle in the National Football League. After receiving more than a few personal foul penalties during his 10-year career, he explained that “the second guy...more

Constangy, Brooks, Smith & Prophete, LLP

Artificial Intelligence in HR: A blessing and a curse

How could something so convenient be so risky? Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more

Poyner Spruill LLP

EEOC Updates Its FAQs to Address When COVID-19 Infection May Be A Disability Under the ADA

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On December 14, 2021, the EEOC updated its Technical Assistance Questions and Answers to provide a framework for analyzing when an employee’s COVID-19 infection qualifies as a disability under the Americans with Disabilities...more

Dickinson Wright

Performance of Regular Job Duties as Protected Activity for Discrimination Claims

Dickinson Wright on

Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO)  personnel to support a retaliation claim under Title VII.  Several courts...more

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

Verrill

HR Law 101 Ep.5: What Employers Need to Know About Anti-Discrimination Laws

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In this episode of HR Law 101: Understanding the HR Basics, Verrill Dana labor and employment attorney Tawny Alvarez discusses the obligations that employers have under federal law to provide a non-discriminatory environment...more

Jackson Lewis P.C.

Updated EEOC Retaliation Guidance Suggests Scrutiny for Internal Investigation Practices

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The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law....more

Dorsey & Whitney LLP

EEOC Releases Updated Retaliation Guidance

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On August 29, 2016, the EEOC issued Final Enforcement Guidance on Retaliation and Related Issues that replaces its 1998 Compliance Manual section on retaliation. The guidance addresses the separate “interference” provision...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

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Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Zelle  LLP

That is SO last week - October 2015 #2

Zelle LLP on

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Zelle  LLP

That is SO last week - September 2015 #4

Zelle LLP on

No matter how many times employment lawyers say that the ADA may require employers to provide more leave than the FMLA’s 12 week allotment, some just don’t get the message. Last week, the EEOC announced a $300,000 settlement...more

Zelle  LLP

That is SO last week - August 2015 #5

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That infamous Ashley Madison data became searchable last week. Spouses, friends, and employers can now search the data to see if they know anyone who registered with the site. This development caused some to wonder if an...more

Zelle  LLP

That is SO last week - August 2015 #2

Zelle LLP on

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Zelle  LLP

That is SO last week - August 2015

Zelle LLP on

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

Lewitt Hackman

The Transformation of Transgender Rights in the Workplace

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Gender transition and transgender identity has taken center stage in the media recently. However, out of the spotlight, the rights of transgender persons may be unclear to many. Transgender persons struggle with difficult...more

Fenwick & West LLP

Fenwick Employment Brief - May 2015

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EEOC Conciliation Efforts Subject To Limited Judicial Review - In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more

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