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Discrimination › Title VII › Employment Policies

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

Conn Maciel Carey LLP on

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

Keating Muething & Klekamp PLL

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

Keating Muething & Klekamp PLL on

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

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

CDF Labor Law LLP

EEOC Defines Unlawful DEI

CDF Labor Law LLP on

Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

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

The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more

FordHarrison

Pam Bondi's Memo to DOJ on DEI: What it Means for Private Employers

FordHarrison on

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and...more

Conn Maciel Carey LLP

The EEOC’s New Guidance on Wearable Tech: What Employers Need to Know

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Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more

Littler

Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination

Littler on

UPDATE: On January 31, 2025, the EEOC advised that at the present time all charges alleging discrimination on the basis of sexual orientation or gender identity will be sent to national headquarters for review to ensure that...more

Fox Rothschild LLP

President Trump Sacks DEI Programs: Key Considerations for California Employers

Fox Rothschild LLP on

Since re-taking the White House 11 days ago, President Donald J. Trump has taken dramatic steps to dismantle DEI (diversity, equity, and inclusion) programs in workplaces nationwide. President Trump’s executive orders...more

Rumberger | Kirk

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

Rumberger | Kirk on

“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

Proskauer - Law and the Workplace

President Trump Issues Sweeping Executive Orders Aimed at DEI

Proskauer - Law and the Workplace on

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on

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

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

Bradley Arant Boult Cummings LLP on

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Goulston & Storrs PC

Political Speech in the Workplace: Legal Considerations for Employers

Goulston & Storrs PC on

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

Bradley Arant Boult Cummings LLP

Workplace Harmony in 2024: Navigating the EEOC’s Latest Harassment Guidelines

Bradley Arant Boult Cummings LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more

Perkins Coie

Muldrow Sets a New Standard for Workplace Discrimination

Perkins Coie on

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Butler Snow LLP

Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

Butler Snow LLP on

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v....more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

Faegre Drinker Biddle & Reath LLP on

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

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

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

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

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

Arnall Golden Gregory LLP on

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

Mintz - Employment Viewpoints on

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Bradley Arant Boult Cummings LLP

Weekends Revisited? Fifth Circuit Re-examines Gender-Specific Scheduling Decision

Bradley Arant Boult Cummings LLP on

Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a...more

Bradley Arant Boult Cummings LLP

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act

Bradley Arant Boult Cummings LLP on

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more

Jackson Lewis P.C.

The “S” in ESG: Tying Compensation To DEI Goals

Jackson Lewis P.C. on

As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Benesch

Post-Dobbs Employment Considerations

Benesch on

In Dobbs v. Jackson Women’s Health Organization the United States Supreme Court overturned years of precedent started by Roe v. Wade and conferred the right to regulate abortions to individual states. This marked change has...more

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