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In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more
New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more
Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —...more
This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on various methods of feedback used by “Harry Potter” characters and how...more
Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more
The Equal Employment Opportunity Commission (EEOC) recently announced that it will be examining DEI programs for potential violations of Title VII following President Trump’s executive orders regarding DEI programs and the...more
The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024....more
A pair of cases from the United States Supreme Court and the Second Circuit (covering Connecticut, New York, and Vermont) in 2024 highlight the importance of documentation and well-trained managers when issuing employee...more
Navigating Workplace Impairment: What Employers Need to Know About WIREs - As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees...more
In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more
Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more
Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...more
Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...more
Comments being accepted thru Dec. 5. The U.S. Equal Employment Opportunity Commission has issued a draft Strategic Plan for 2022-26, and is inviting public comments through Monday, December 5....more
It is more important than ever that employers ensure their policies and practices do not violate Title VII and other civil rights laws. As part of that compliance, employers should replace their “EEO is the Law” workplace...more
The introduction and ongoing implementation of employee resource groups is vital for companies of all sizes and all backgrounds. Not only are employee resource groups important to the diversity, equity, and inclusion (DEI)...more
ARIZONA- Pursuant to H.B. 2146, employers must notify the Arizona Department of Homeland Security about any security breach involving personal information, if more than 1,000 state residents (including employees and...more
Florida Governor Ron DeSantis recently signed Florida House Bill 7/Senate Bill 148 (HB7), also known as the “Stop WOKE Act,” that will place strict limitations on the topics Florida employers can discuss at diversity, equity,...more
The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron...more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
September 1st is coming. And with it a change to Texas’ employment discrimination law arguably making supervisors or managers liable for sexual harassment. Now is a great time to dust off that sexual harassment training....more