News & Analysis as of

Employer Liability Issues Hiring & Firing Gender Discrimination

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Fisher Phillips

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

Fisher Phillips on

Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...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

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

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

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

Polsinelli on

In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

Franczek P.C. on

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

Littler on

In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Bradley Arant Boult Cummings LLP

Ultimatum on Ultimate Employment Decisions:  Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

Fisher Phillips on

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

McAfee & Taft

Employee can’t show firing was because of her gender

McAfee & Taft on

Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more

Cranfill Sumner LLP

Burden of Proof: Fourth Circuit Reaffirms that Employees Must Show Discriminatory Intent

Cranfill Sumner LLP on

One of the most important decisions in employment discrimination law this year remains the Fourth Circuit Court of Appeals’ decision in Balderson v. Lincare Inc., in which the Court reiterated that Title VII plaintiffs (and...more

Fisher Phillips

Michigan Lawmakers Seek to Expand Workplace Protections for LGBTQ Workers

Fisher Phillips on

The Michigan Senate took a historic step Wednesday to increase workplace protections for members of the LGBTQ community by passing a law that would prohibit discrimination on the basis of sexual orientation, gender identity,...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

Littler on

In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

TNG Consulting

Hiring an Independent Firm to Guard Against Bias Allegations

TNG Consulting on

The CEO of a community college in Connecticut (“Plaintiff”) sued the Connecticut State Colleges and Universities System (“System”) over claims of gender discrimination and won. Plaintiff also alleged violations of her First...more

Littler

Alberta, Canada’s Human Rights Tribunal Awards $50,000 to Employee Whose Employment Was Terminated After Claiming Sexual...

Littler on

In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more

Foley Hoag LLP

NYC Employers Face New Restrictions on Use of Artificial Intelligence in Hiring

Foley Hoag LLP on

As technological advances have given employers artificial intelligence (AI) based tools to assist them in the hiring process, New York City has taken note. Recently, New York City adopted a new measure restricting the use of...more

Littler

New Dutch Law to Require More Women in Top Jobs

Littler on

In September 2021, the Dutch Senate ratified the “Act to ensure a more balanced ratio between men and women on the management and supervisory boards of large public limited and private limited companies,” known as the...more

Littler

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

Littler on

For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

Sands Anderson PC

EEOC Issues New Guidance on Workplace Transgender Policies

Sands Anderson PC on

The Equal Employment Opportunity Commission (EEOC) recently issued new Guidance directed to employers addressing restroom policies and the use of employee preferred pronouns. Although this technical assistance guidance does...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

NAVEX

Diversity, Equity, and Inclusion: More Transparency and Accountability

NAVEX on

Perhaps no year has forced employers to re-examine their work environments more than 2020. While COVID-19 has thrust upon us a workplace that is physically amorphous, the Black Lives Matter movement has also created an...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

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