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Equal Employment Opportunity Commission (EEOC) Employment Discrimination

Berkshire

Test Validation: How it Helps Foster Merit-Based Decision-making

Berkshire on

With the recent push by the EEOC for employers to use merit-based hiring to promote equal opportunity, the federal government is making it clear that employers should be using job-related, skills-based employee selection...more

Cooley LLP

AI in the Workplace: US Legal Developments

Cooley LLP on

Recent federal, state and litigation developments in artificial intelligence (AI) use in the workplace highlight the growing tension between fostering innovation and safeguarding against discrimination and other harms arising...more

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

Wait - The EEOC Is Still Knocking? Why an Employment Lawsuit May Not Be the End of the Story

Many employers assume that once an employee or job applicant files a discrimination lawsuit after receiving a notice of right to sue from the U.S. Equal Employment Opportunity Commission (EEOC), the agency’s involvement in...more

Nilan Johnson Lewis PA

EEOC Abandons Disparate Impact Claims

Employers facing potential pay discrimination claims have historically faced two basic types of claims: disparate treatment claims and disparate impact claims. Because disparate impact claims are easier to raise on a class...more

Ice Miller

Bias in the Machine: How AI Hiring Tools Create Risk for Employers

Ice Miller on

As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more

McAfee & Taft

Litigation risks increase as more employers use AI tools in hiring decision-making process

McAfee & Taft on

The use of artificial intelligence in employment decision-making has continued to rise since its inception. Nowhere is this more evident than in hiring decisions. Employers have used AI to help screen résumés, schedule...more

Foster Swift Collins & Smith

[Webinar] Labor & Employment Law Update: 2025 Recap and Insights for 2026 - September 17th, 9:00 am - 11:30 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

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

Dealership Denies Disability Dog - EEOC Fetches $30k Consent Decree

In a cautionary “tail” about the importance of engaging in the interactive process, when a Maryland automobile dealership allegedly denied an Iraq War veteran’s request for a service dog to manage panic attacks from...more

Tucker Arensberg, P.C.

AI in the Workplace: Navigating the Legal Minefield in the Digital Gold Rush

Tucker Arensberg, P.C. on

Artificial intelligence is transforming the workplace — but the law is struggling to keep up. In industries like steel and manufacturing, where efficiency, safety, and workforce management are paramount, the adoption of AI...more

DCI Consulting

Recent EEOC Consent Decree Signals Continued Enforcement of Title VII

DCI Consulting on

BLOG OVERVIEW: The Equal Employment Opportunity Commission (EEOC) has entered into a consent decree with Battleground Restaurants, Inc. and Battleground Restaurant Group, Inc. regarding discriminatory practices towards...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

Whiteford on

In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Husch Blackwell LLP

Legal Perspectives on Executive Order 14173, DEI, and the False Claims Act

Husch Blackwell LLP on

The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of...more

Phelps Dunbar

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

Phelps Dunbar on

A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)...more

Brooks Pierce

The EEOC Signals Continued Increased Scrutiny of Religious Accommodation in the Workplace

Brooks Pierce on

Particularly since pandemic-era vaccination requirements, American employers have faced increasing enforcement actions and litigation regarding religious accommodation requests. Additionally, in 2023, the U.S. Supreme Court...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Proskauer - Law and the Workplace

Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act

Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination.  However, federal law provides protections for employees based on their genetic information and that of...more

Littler

A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?

Littler on

Introduction - On March 4, 2025, standing before the U.S. Congress, President Trump proclaimed that his administration had “ended the tyranny of so-called diversity, equity and inclusion policies all across the entire...more

A&O Shearman

Comparing U.S. And UK Approaches to Religious Expression at Work: Lessons From Recent Developments

A&O Shearman on

Regulators and courts in both the U.S. and UK have been seeking to navigate the complex balance between employees’ rights to religious expression and employers’ interests. In particular, recent developments—namely, two U.S....more

Haynsworth Sinkler Boyd, P.A.

EEOC Decisions Enforce Stronger Protections for Religious Accommodation in the Workplace

The Equal Employment Opportunity Commission (EEOC) has recently issued significant decisions against two federal employers for failing to provide reasonable religious accommodations to their employees. These decisions...more

Offit Kurman

Evolving Standards for Religious Accommodations at Work

Offit Kurman on

The legal framework surrounding religious accommodations in the workplace has evolved significantly, driven by recent court decisions, EEOC enforcement actions, and federal guidance. Employers must gain a clear understanding...more

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

Foley & Lardner LLP on

With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

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