News & Analysis as of

Employer Liability Issues Employment Policies Discrimination

Verrill

Orabona v. Santander: The Importance of ERISA Status for Severance Plans

Verrill on

Severance plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) must satisfy certain compliance requirements, but federal law affords employers significant advantages in the event a...more

McDermott Will & Schulte

State laws on AI hiring tools persist after One Big Beautiful Bill Act

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald...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

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

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

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

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

Bradley Arant Boult Cummings LLP

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

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

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

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

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

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Bradley Arant Boult Cummings LLP

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

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

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

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

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

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

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

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

Poyner Spruill LLP

Employer Avoids Liability for Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

Poyner Spruill LLP on

It is often said that consistent application of an employer’s work rules is one of the best ways to avoid liability for discrimination claims.  Doing so can help to rebut the allegation that an individual has been subjected...more

Epstein Becker & Green

The Role of Bystander Intervention in Preventing Workplace Harassment

Epstein Becker & Green on

Organizations that successfully create an inclusive and positive culture understand that all of its people have an important role to play in maintaining a harassment-free workplace. Any incident of harassment can affect more...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Bradley Arant Boult Cummings LLP

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

86 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide