News & Analysis as of

Employment Discrimination Federal Labor Laws

Constangy, Brooks, Smith & Prophete, LLP

Well, duh! Pregnant Workers Fairness Act applies to lactation, judge rules

Hindsight is 20-20. The Pregnant Workers Fairness Act, which took effect in June 2023, requires reasonable accommodations for pregnancy, childbirth, and “related medical conditions.” The statute gave authority to the U.S....more

Littler

Policy Week in Review – July 2025 #3

Littler on

NLRB Acting General Cowen Issues Guidance on Union Salts  - In a memorandum dated July 24, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued guidance to all regional directors,...more

Morgan Lewis

Federal Labour Court: Fixed-Term Contract Ends Despite Works Council Activity

Morgan Lewis on

On June 18, 2025, the Federal Labour Court (BAG) ruled on the appeal of a works council member (case reference: 7 AZR 50/24). The plaintiff was employed based on a fixed-term employment contract. This contract was concluded...more

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

Gould + Ratner LLP on

The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Kohrman Jackson & Krantz LLP

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

Conn Maciel Carey LLP

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Whiteford

Employment Law Update: Supreme Court Clarifies Scope of ADA Employment Protections

Whiteford on

The Americans with Disabilities Act (ADA) imposes a general requirement on employers with fifteen or more employees to refrain from discriminating against qualified individuals on the basis of a disability. For those covered...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Cover Retiree's Benefits

Last week in a 7-2 decision, the U.S. Supreme Court held that Title I of the Americans with Disabilities Act does not apply to claims by a former employee that changes to her retiree medical benefits discriminated against her...more

Mandelbaum Barrett PC

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

Mandelbaum Barrett PC on

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

DCI Consulting

Artificial Intelligence in Employment: 2025 Regulatory Update

DCI Consulting on

The integration of artificial intelligence (AI) into employment decision-making processes for organizations continues to accelerate, as does the evolution of the legal and regulatory environment. This post provides...more

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

Trump Administration Proposes Elimination of OFCCP, Launches New Opinion Letter Program for Labor Guidance

The Trump administration plans to completely eliminate the Office of Federal Contract Compliance Programs (OFCCP) and transfer the agency’s remaining authority to enforce protections in federal contractors for veterans and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Keating Muething & Klekamp PLL

Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA

As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more

DCI Consulting

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

DCI Consulting on

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

Foley & Lardner LLP

Circuit Split Deepens on “Harm” as a Failure to Accommodate Element

Foley & Lardner LLP on

The split among federal circuit courts of appeal as to whether a disabled worker must show harm in bringing a failure to accommodate claim continues. Recently, the Fifth Circuit joined the majority of circuits in finding that...more

Whiteford

Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees

Whiteford on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Holland & Knight LLP on

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Fisher Phillips

The Untapped ROI of Menopause-Savvy Workplaces

Fisher Phillips on

Menopause – which impacts not only half of the global population but also one of the fastest-growing US workforce demographics – significantly impacts a woman’s overall health and can cause physical, mental, and cognitive...more

Pillsbury - CommLawCenter

Annual EEO Public File Report Deadline for Stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New...

June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming to place their Annual...more

Bradley Arant Boult Cummings LLP

Take it Back – A Federal Court in Texas Vacates Portions of the EEOC’s Sexual Harassment Guidance  

Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more

Vorys, Sater, Seymour and Pease LLP

What President Trump’s “English-Only” Executive Orders Mean for Employers Nationwide

On March 1, 2025, President Trump signed Executive Order 14224 designating English as the official language of the United States. Framed as a step toward national cohesion, the Order revoked a Clinton-era directive...more

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

Whiteford

Employment Law Update: May 15 Disparate Impact Executive Order

Whiteford on

An Executive Order signed on April 23, 2025, promises to significantly limit federal enforcement tools in pursuing systemic discrimination claims. The Executive Order, titled “Restoring Equality in Opportunity and...more

123 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide