News & Analysis as of

Employment Discrimination Employees Employer Responsibilities

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Troutman Pepper Locke

Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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The drama of “It Ends With Us” has jumped from the book to the big screen to a real-life legal battle that offers a sharp reminder of how retaliation and digital misconduct can derail even the most powerful players in any...more

Perkins Coie

June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail...more

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

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Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

Seyfarth Shaw LLP

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

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In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more

Weintraub Tobin

California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)

Weintraub Tobin on

In this featured episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part two of the Workplace Investigation Series, discussing best practices for collecting information during a workplace...more

Quarles & Brady LLP

Supreme Court Clarifies Standard for Reverse Discrimination Suits Under Title VII

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In a unanimous decision authored by Justice Ketanji Brown Jackson, the Supreme Court last Thursday held that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes no additional requirements on majority-group...more

Payne & Fears

SCOTUS Eases the Standard for Reverse Discrimination Claims Under Title VII

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Today, in Ames v. Ohio Department of Youth Services, the Supreme Court unanimously held that in order to establish a prima facie case of discrimination under Title VII, a plaintiff who is a member of a majority group does not...more

Gould + Ratner LLP

Ames Analysis: Reverse Discrimination Reversed

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On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, striking down the “background circumstances” requirement in so-called “reverse discrimination” cases. The Court held...more

Seyfarth Shaw LLP

Managing Cross-Border Sexual Harassment Investigations: Legal Insights and Practical Realities

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In today’s global workplace, managing sexual harassment complaints is no longer a matter confined to a single jurisdiction. As companies expand across borders, their legal obligations become increasingly complex....more

K&L Gates LLP

Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026

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Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to...more

Troutman Pepper Locke

Water Cooler Talk: 'Harry Potter' Reveals Magic of Feedback

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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

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Troutman Pepper Locke

Labor and Employment Developments in California in 2025

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California often finds itself at the forefront of labor and employment law, with changes affecting employers each year. This year is no different. In 2025, employers can expect a variety of impactful changes to the...more

Ius Laboris

Crowned With Curls : Intersectionality and Women of Colour in the Workplace

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March is a month dedicated to a number of social issues relating to diversity, inclusion and human rights. They include International Women’s Day, Black History Month and Zero Discrimination Day: all of which are moments to...more

Robinson & Cole LLP

Legal Update: Recent Executive Orders: What Employers Need to Know to Assess the Shifting Sands

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In January 2025, President Trump issued a flurry of executive orders. Several may significantly impact employers; the key aspects of these orders are described below, although this is not an exhaustive summary of every...more

Wiley Rein LLP

February 3, 2025 FCC EEO Deadlines for Stations in AR, LA, MS, KS, NE, OK, NJ, and NY

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Radio and television station employment units (SEUs) located in Arkansas, Louisiana, Mississippi, Kansas, Nebraska, Oklahoma, New Jersey, and New York with five or more full-time employees must prepare by Monday, February 3,...more

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

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