Employment Litigation, Discrimination, Employer Responsibilities

Mandatory referral to EAP may be "adverse action," court says

Constangy, Brooks, Smith & Prophete, LLP on 7/25/2025

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

BakerHostetler on 7/10/2025

As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Ames v Ohio Department of Youth Services: SCOTUS Removes Additional Requirement in “Reverse Discrimination” Cases

Butler Snow LLP on 6/23/2025

In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more

At-Will Doctrine Still Applies to Disciplinary Action Following Employer Investigations

Parker Poe Adams & Bernstein LLP on 6/20/2025

Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot...more

Supreme Court Increases Potential Employer Liability Under Title VII’s Discrimination Provisions

Gray Reed on 6/10/2025

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, resolving a long-standing split among federal courts and clarifying the evidentiary standard for Title...more

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Bradley Arant Boult Cummings LLP on 5/28/2025

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Return to Office Mandates: Best Practices and Minimizing Litigation Risks

Farella Braun + Martel LLP on 5/8/2025

The transition to in-person work after years of permitting and promoting remote work presents unique challenges for nonprofit organizations. While returning to the office (RTO) can enhance collaboration and workplace culture,...more

Action Required for NY State Employers Under New York’s Reproductive Health Bias Law (the “Act”)

Tarter Krinsky & Drogin LLP on 3/28/2025

New York State’s Reproductive Health Bias Law (the “Act”) has been reinstated following a Second Circuit ruling. The Act, found in Section 203-e of New York State’s Labor Law, prohibits discrimination based on an employee’s...more

Another Type of COVID Long Haul—Future Discrimination Suits?

Bradley Arant Boult Cummings LLP on 10/13/2021

We’ve been talking a lot about COVID-19 lately and, in particular, the various regulations and guidance that have come out regarding an employer’s day-to-day responsibilities: Can you require employees to take the vaccine?...more

Employment Litigation › Discrimination › Employer Responsibilities

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