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Employer Liability Issues Job Promotions

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Troutman Pepper Locke

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

Troutman Pepper Locke on

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more

Gordon Rees Scully Mansukhani

SCOTUS Unanimously Rejects Heightened Burden for Majority-Group Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more

Shook, Hardy & Bacon L.L.P.

California Court Finds No Procedural Burden Shifting Without Allegations of Protected Discrimination

A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more

Cole Schotz

New Jersey Passes New Pay Transparency Law

Cole Schotz on

On November 18, 2024, Governor Phil Murphy signed into law A4151/S2310, which will require employers to provide pay transparency for employment opportunities advertised internally or externally to the general public. The new...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

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On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Epstein Becker & Green

Colorado Employers’ Pay Transparency Obligations Are Changing in 2024

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Governor Jared Polis recently signed into law legislation (SB 23-105 or the “Amendments”) that will soon change Colorado employers’ disclosure and notice requirements under the state’s Equal Pay for Equal Work Act (“Act”)....more

Spilman Thomas & Battle, PLLC

Performance Evaluations: Training Managers Is Key

Employee performance is always rated in one manner or another. Best practice is to rate this performance through known, objective processes. In the context of the employment relationship, performance evaluations are an...more

Foley Hoag LLP

New York Will Require Employers to Disclose Salary Ranges for All Advertised Jobs and Promotions

Foley Hoag LLP on

On December 21, 2022, New York Governor Kathy Hochul signed a statewide pay transparency measure into law. The new law, which goes into effect on September 18, 2023, requires covered employers and employment agencies to list...more

Polsinelli

New York State Requires Salary and Wage Ranges to be Listed in Job Advertisements

Polsinelli on

Following New York City’s enactment of a pay transparency ordinance on November 1, 2022, New York State has enacted a similar requirement for employers to list a range of compensation in advertisements for job, promotion, or...more

Cole Schotz

Westchester County’s New Wage Transparency Law Now in Effect

Cole Schotz on

Effective November 6, 2022, a new wage transparency law, amending the Westchester County Human Rights Law, prohibits employers from advertising a job, promotion, or transfer opportunity without also including the minimum or...more

Sheppard Mullin Richter & Hampton LLP

New York City Set To Regulate Employment Decisions Made By AI

Beginning January 1, 2023, New York City will restrict employers from using artificial intelligence to make employment decisions unless they follow certain guidelines. The local law applies to employment decisions made...more

Perkins Coie

April Tip of the Month: New York City to Restrict Use of AI in Employment Related Decisions

Perkins Coie on

Effective January 1, 2023, employers with New York City employees will be restricted in their use of artificial intelligence (AI) tools in recruiting and hiring employees and making other employment-related decisions....more

Faegre Drinker Biddle & Reath LLP

NYC Releases Fact Sheet on Salary Transparency Requirements in Job, Transfer and Promotion Advertisements – While the City Council...

Employers face new challenges in navigating state and local pay equity laws. New York City joins a number of other jurisdictions that now require employers to disclose pay ranges when advertising job postings – including for...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Goodwin

New York City Issues Guidance on Required Salary Disclosures in Job Postings

Goodwin on

New York City employers be aware: A new “NYC Salary Disclosure Law” will soon require employers to include a good faith salary range for every job, promotion, or transfer opportunity advertised. While the NYC Salary...more

Akerman LLP - HR Defense

A Cautionary Tale for Recruiters

Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent. Hiring bonuses, relocation pay, and wellness benefits are quickly becoming the...more

Epstein Becker & Green

New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools

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Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. 1894-2020A (the “Bill”), to regulate employers’ use of “automated employment decision tools” with the aim of curbing...more

Cole Schotz

Amendments to the New Jersey Law Against Discrimination Expand Employment Protections Against Age Discrimination

Cole Schotz on

On October 5, 2021, Governor Phil Murphy signed A-681 thereby amending the New Jersey Law Against Discrimination (“LAD”) to provide new protections against age discrimination for applicants and employees over the age of 70...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Expands Law Against Discrimination to Address Age Discrimination

What You Should Know: •New Jersey’s Law Against Discrimination (NJLAD) has been expanded to address age discrimination against employees •New Jersey government or state employers no longer have the authority to enforce...more

Cooley LLP

Alert: Colorado Department of Labor and Employment Clarifies Job and Promotion Posting Requirements

Cooley LLP on

Colorado’s Equal Pay for Equal Work Act (EPEWA) and the accompanying Colorado Equal Pay Transparency (EPT) Rules took effect on January 1, 2021. As discussed in a previous Cooley alert, the EPT Rules impose various job and...more

Seyfarth Shaw LLP

FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless

Seyfarth Shaw LLP on

Seyfarth Synopsis: Failure to promote claims brought under the Fair Employment and Housing Act accrue when the adversely affected employee knows, or reasonably should know, of the employer’s unlawful refusal to promote; and...more

Fisher Phillips

Top 12 Things Employers Need to Know About the Colorado Equal Pay for Equal Work Act

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Colorado’s Equal Pay for Equal Work Act became effective at the beginning of 2021, but employers across the state continue to have questions about the scope of the new law. While the Colorado Department of Labor and...more

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