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Employment Discrimination Employment Litigation State Labor Laws

FordHarrison

Connecticut Court Says Employers Don't Have to Permit Remote Work if It Would Eliminate an Essential Job Function

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Real World Impact: The Connecticut Appellate Court has ruled that, as a matter of law, full-time remote work is not a reasonable accommodation if it eliminates an essential function of an employee’s job that must be performed...more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

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In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more

Rumberger | Kirk

Florida Supreme Court Clarifies Requirements for Fulfilling Presuit Conditions for Civil Rights Claims

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On July 10, 2025, the Supreme Court of Florida held that a claimant need not specifically allege they are seeking relief under the Florida Civil Rights Act (FCRA) in a charge of discrimination dual filed with the Equal...more

Fox Rothschild LLP

NJ Appellate Court Reaffirms Employees’ Right to Bring LAD Claims in Court

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The New Jersey Appellate Division recently issued an important decision clarifying how claims brought under the Law Against Discrimination (LAD) interact with agency proceedings in employment matters. Specifically, it made...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable...more

Mandelbaum Barrett PC

The U.S. Supreme Court Makes It Easier for Employees in the Majority to Prove Reverse Discrimination Under Title VII

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The United States Supreme Court on June 5, 2025, in a rare unanimous decision, overturned a decision from the Sixth Circuit Court of Appeals that required a plaintiff, a heterosexual, to have evidence as part of her proofs to...more

EDRM - Electronic Discovery Reference Model

Privilege Log Helps Defeat Summary Judgment on One Count

In Conner v. Stark & Stark, P.C., 2025 WL 1694052 (D.N.J. June 17, 2025), defendant’s privilege log helped partially defeat defendant’s summary judgment motion....more

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

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The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Steptoe & Johnson PLLC

The Ever-Changing Legal Landscape of State and Federal Regulations for Using AI in Candidate Recruiting and Screening

According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more

DCI Consulting

[Webinar] Restoring Merit-Based Opportunity: Complying with EO 14173 and Upholding EEO Standards - June 11th, 2:00 pm - 3:00 pm...

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Join us for an exclusive DCI webinar where our expert panel will break down the far-reaching implications of Executive Order 14173 for federal contractors. This timely discussion will examine the broader legal and regulatory...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

Constangy, Brooks, Smith & Prophete, LLP

Three decisions provide cautions for employers who do business in the Bay State

Three recent court decisions provide important reminders for businesses with employees in Massachusetts. One involves application of the Massachusetts Wage Act to remote workers; one clarifies potential liability for...more

Orrick, Herrington & Sutcliffe LLP

Looking for a "Digital Native" in a Job Ad is Discriminatory!

The regional labor court (Landesarbeitsgericht) ("LAG") Baden-Württemberg decided that an applicant can claim compensation for discrimination based on a job ad that said the employer was looking for a "digital native" (17 Sa...more

Bodman

Contractually Shortened Limitation Periods on Employee Civil Rights Claims May Be in Jeopardy!

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A case currently before the Michigan Supreme Court could put employers’ ability to contractually shorten the statute of limitations for employment-related civil rights claims in jeopardy. Under current Michigan law an...more

Foley & Lardner LLP

Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And...

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On April 23, 2025, President Donald Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy” (“the EO”). The EO, by its own terms, seeks to “to eliminate the use of disparate-impact...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

McDermott Will & Schulte

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

More Arrested Developments: Wisconsin Supreme Court Holds ‘Arrest Record’ Encompasses Noncriminal Civil Violations

The Supreme Court of Wisconsin recently provided significant guidance resolving uncertainty about the scope of the Wisconsin Fair Employment Act’s (WFEA) prohibition against discrimination based on an employee’s or...more

McAfee & Taft

Which laws apply to my out-of-state remote employees?

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While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

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The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

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A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Littler

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

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In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...more

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