Work This Way: A Labor & Employment Law Podcast | Reverse Discrimination in the Workplace with Jennie Cluverius and Fay Edwards of Maynard Nexsen
New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®
Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
Work This Way: A Labor & Employment Law Podcast | Episode 48: Opportunities & Risks with Artificial Intelligence in HR with Chingwei Shieh of GE Power
DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®
California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)
Employees Who Contradict The Company's Mission: What's the Tea in L&E?
Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens - #WorkforceWednesday® - Employment Law This Week®
Law Firm ERGs Under Scrutiny: Navigating Compliance, Risk, and Culture - On Record PR
(Podcast) California Employment News: Starting a Workplace Investigation – Part 1 (Featured)
California Employment News: Starting a Workplace Investigation – Part 1 (Featured)
New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
The Changing Landscape of EEOC Enforcement and Disparate Impact
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
A Retaliation Refresher: What's the Tea in L&E?
California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — The Good Bot Podcast
Pregnant Workers Fairness Act (PWFA) Update
Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more
With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor...more
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more
Among the first questions I ask when investigating a lawsuit accusing my client of discriminatory conduct is, “Who made the decision?” The reasons are simple. First, an adverse employment action – like termination,...more
Employers that defend against human rights complaints often find themselves grappling with pleadings and submissions that wander well beyond the events the complainant experienced. ...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of June 22-28. Here’s what’s...more
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
On June 17, the U.S. Court of Appeals for the Sixth Circuit issued Kean v. Brinker International, Inc., an opinion that reverses summary judgment for the employer and sends a former Chili’s general manager’s Age...more
A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more
The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more
Campbell v. Aberdeen Providing Ground Federal Credit Union, 2025 WL 608046 (D. Md. Feb. 25, 2025)(Bredar, J.), is an employment discrimination case. At its most general level, the holding was that “a litigant may not invoke...more
In Cooper v. Baltimore Gas and Electric Co., 2025 WL 404246 (D. Md. Feb. 5, 2025)(Coulson, J.), Ms. Cooper sued BG&E and another employer for sexual harassment and discrimination....more
U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more
Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more
With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
The Uniform Guidelines on Employee Selection Procedures (UGESP) have been used by EEOC, OFCCP, and the courts to regulate, litigate, and enforce anti-discrimination laws in the use of employee selection practices since their...more
The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more
Add this case to your “Be Sure to Document Your Non-Discriminatory Reasons” file. An employee doing bad things lost on summary judgment in an employment discrimination action, even though she alleged that the company did not...more
If your employee sues you for discrimination, they don’t get to look at how the decision-makers treated everyone else, do they? Well, in Cruz vs. US Homeland Security, the D.C. Court of Appeals says yes they do. Although the...more
It’s tempting for employers to shrug off the allegations contained in a charge of discrimination or similar agency filing – viewing them as unfounded, unsupported and self-serving. Or worse, an employer may attack the...more
The proper standard for comparator evidence in cases alleging intentional discrimination is “similarly situated in all material aspects,” the U.S. Court of Appeals for the Eleventh Circuit has clarified in an en banc ruling....more
On March 21, 2019, in a 9-3 en banc decision, the U.S. Eleventh Circuit Court of Appeals clarified the “similarly situated” standard for comparator evidence in employment discrimination cases. Lewis v. City of Union City,...more
Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more