News & Analysis as of

Employment Discrimination Hiring & Firing Title VII

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Fisher Phillips

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

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Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

Woods Rogers

Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler for an insightful discussion on disparate impact and the recent rollback of government enforcement in these types of...more

DCI Consulting

[Webinar] Summer 2025 Update: Affirmative Action for Federal Contractors - July 23rd, 2:00 pm - 2:30 pm EDT

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The first half of 2025 brought unprecedented changes for federal contractors seeking to comply with federal affirmative action requirements. The rescission of Executive Order 11246 via Executive Order 14173 upended decades of...more

Bodman

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

Bodman on

In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Stevens & Lee

Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

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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 that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape...more

Dinsmore & Shohl LLP

SCOTUS Just Made it Easier for Employees to Bring “Reverse Discrimination” Lawsuits

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On June 5, 2025, the United States Supreme Court unanimously rejected the Sixth Circuit’s rule, which required plaintiffs of a majority group to satisfy an additional burden as part of establishing a prima facie case of Title...more

Holland & Hart LLP

Fairness Isn't Optional: Lessons from Google's $50M Bias Case and SCOTUS on Title VII

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In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more

McDermott Will & Schulte

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all...more

Haynsworth Sinkler Boyd, P.A.

Supreme Court Affirms Uniform Legal Standard for All Discrimination Claims

The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more

Amundsen Davis LLC

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

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Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...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

Constangy, Brooks, Smith & Prophete, LLP

Dads have workplace rights, too -- with a twist.

Dad-of-seven will go to jury on religious discrimination. This sounds like the kind of thing that might happen to a woman, but this time it (allegedly) happened to a man. A devout Catholic man (we'll call him "Dad") was...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...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

Constangy, Brooks, Smith & Prophete, LLP

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

Cozen O'Connor

Big Law’s DEI Practices Face Scrutiny by Republican AGs and the EEOC

Cozen O'Connor on

A group of 12 Republican AGs announced that they have sent a letter to multiple law firms (collectively, “law firms”) warning that the law firms’ diversity, equity, and inclusion (DEI) policies and practices may violate state...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Constangy, Brooks, Smith & Prophete, LLP

What to do about DEI? Former EEOC officials weigh in

On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

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Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Genova Burns LLC

“Unlawful DEI” Explained (Or Not) By New EEOC Guidance

Genova Burns LLC on

On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more

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