News & Analysis as of

Employment Discrimination

Tucker Arensberg, P.C.

AI in the Workplace: Navigating the Legal Minefield in the Digital Gold Rush

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Artificial intelligence is transforming the workplace — but the law is struggling to keep up. In industries like steel and manufacturing, where efficiency, safety, and workforce management are paramount, the adoption of AI...more

DCI Consulting

Recent EEOC Consent Decree Signals Continued Enforcement of Title VII

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BLOG OVERVIEW: The Equal Employment Opportunity Commission (EEOC) has entered into a consent decree with Battleground Restaurants, Inc. and Battleground Restaurant Group, Inc. regarding discriminatory practices towards...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

Whiteford on

In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

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The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more

Phelps Dunbar

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

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A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)...more

Brooks Pierce

The EEOC Signals Continued Increased Scrutiny of Religious Accommodation in the Workplace

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Particularly since pandemic-era vaccination requirements, American employers have faced increasing enforcement actions and litigation regarding religious accommodation requests. Additionally, in 2023, the U.S. Supreme Court...more

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

Morrison & Foerster LLP

DOJ Issues Civil Investigative Demands Concerning DEI Practices

The U.S. Department of Justice (DOJ) has begun issuing civil investigative demands (CIDs) to federal contractors and grantees seeking documents and information related to their diversity, equity, and inclusion (DEI)...more

McDermott Will & Schulte

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under...more

Vorys, Sater, Seymour and Pease LLP

California Regulates the Use of AI in Employment Decisions

Effective October 1, 2025, California will join a growing number of jurisdictions that regulate the use of automated-decision systems (ADS) in employment decisions. Employers in California should review their use of ADS in...more

Fisher Phillips

Illinois No Longer Mandates Fact-Finding Conferences for Agency Charges – But Expands Penalty Options Against Employers

Fisher Phillips on

Illinois lawmakers just made two critical changes to the way the state’s civil rights agency administers its key anti-bias law – no longer requiring parties to participate in a fact-finding conference in every case and...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more

Jackson Lewis P.C.

California’s New AI Regulations Take Effect Oct. 1: Here’s Your Compliance Checklist

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California’s Civil Rights Department finalized regulations to curb the discriminatory impacts of artificial intelligence and automated decision-making in the workplace. The regulations apply to all employers in California and...more

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Proskauer - Law and the Workplace

Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act

Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination.  However, federal law provides protections for employees based on their genetic information and that of...more

DCI Consulting

[Webinar] Analytics, AI, and More: Unpacking California’s FEHA Amendments - September 10th, 2:00 pm - 3:00 pm EDT

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The State of California has approved sweeping new changes to existing regulations implementing its Fair Employment and Housing Act (FEHA). While targeted at an employer’s use of automated-decision systems and selection...more

Stikeman Elliott LLP

Employers and Beyond: Human Rights and Accommodation Obligations May Extend to Site Owners, Contractors and Other Third Parties

Stikeman Elliott LLP on

In MacKay v. Civeo Corporation and another, 2024 BCHRT 271, the British Columbia Human Rights Tribunal (the “Tribunal”) reaffirmed the principle that human rights protections in employment contexts extend beyond the...more

Littler

A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?

Littler on

Introduction - On March 4, 2025, standing before the U.S. Congress, President Trump proclaimed that his administration had “ended the tyranny of so-called diversity, equity and inclusion policies all across the entire...more

A&O Shearman

Comparing U.S. And UK Approaches to Religious Expression at Work: Lessons From Recent Developments

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Regulators and courts in both the U.S. and UK have been seeking to navigate the complex balance between employees’ rights to religious expression and employers’ interests. In particular, recent developments—namely, two U.S....more

Hinshaw & Culbertson - Employment Law...

Does the Americans with Disabilities Act Protect Retired Employees? Recent U.S. Supreme Court Ruling Offers New Guidance for...

On June 20, 2025, the U.S. Supreme Court decided Stanley v. City of Sanford, an 8-1 ruling that significantly limits the reach of the Americans with Disabilities Act (“ADA”) once an employee has retired....more

Haynsworth Sinkler Boyd, P.A.

EEOC Decisions Enforce Stronger Protections for Religious Accommodation in the Workplace

The Equal Employment Opportunity Commission (EEOC) has recently issued significant decisions against two federal employers for failing to provide reasonable religious accommodations to their employees. These decisions...more

Offit Kurman

Evolving Standards for Religious Accommodations at Work

Offit Kurman on

The legal framework surrounding religious accommodations in the workplace has evolved significantly, driven by recent court decisions, EEOC enforcement actions, and federal guidance. Employers must gain a clear understanding...more

Amundsen Davis LLC

National State Employment Law Update – Changes to Look Out for in the Second Half of 2025

Amundsen Davis LLC on

As employers keep their eye on compliance, below are some notable employment law changes that will be effective in the coming months. Arkansas - Effective August 4, 2025 - Senate Bill 598 (S.B. 598) requires an employer or...more

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

Foley & Lardner LLP on

With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

CDF Labor Law LLP

Deadline for Compliance - Civil Rights Department AI Regulations are Six Weeks Away!

CDF Labor Law LLP on

On October 1, 2025, the CRD’s new regulations aimed at protecting employees and applicants from potentially discriminatory employment decisions made using automated decision systems (ADS) will take effect. These new...more

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