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While March 2020 may seem like a distant memory, courts across the country are still busy hearing cases related to the COVID-19 pandemic. A recent federal jury verdict in McCormick v. Chicago Transit Authority reminds us that...more
Can an employer be held liable for workplace harassment committed by a non-employee? The short answer is “sometimes” – but a federal appeals court just significantly narrowed this liability risk for employers in Kentucky,...more
As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more
An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more
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
Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more
A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more
The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more
In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more
On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more
“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
On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action...more
On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more
Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more
On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more
The recent settlement agreement between the Department of Justice and SP Plus Corporation, a Chicago based transportation and parking management company, serves as a critical reminder for employers of their responsibilities...more
A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more
Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more
In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
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
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more