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Equal Employment Opportunity Commission (EEOC) Employment Litigation Corporate Counsel

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...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

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

ADA’s Interactive Process May Require Employers to Follow Up With Third Parties

A recent press release from the U.S. Equal Employment Opportunity Commission (EEOC) announcing a $250,000 settlement and consent-decree resolution of a disability discrimination lawsuit may serve to remind employers of the...more

Epstein Becker & Green

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

Epstein Becker & Green on

On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Cooley LLP

10th Circuit Decision Highlights Best Practices for Employers Planning Reductions in Force

Cooley LLP on

In Raymond v. Spirit AeroSystems Holdings, the US Court of Appeals for the 10th Circuit considered and rejected a group of former employees’ allegations that they were selected for termination in a reduction in force (RIF)...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

Ankura

Conducting Crisis-led Investigations for Workplace Matters

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An anonymous whistle-blower reports sexual misconduct by the CEO and threatens to go to the media… In the post-MeToo era, organisations face significant challenges when sensitive workplace allegations and details of the...more

Kelley Drye & Warren LLP

What Can the EEOC Do Without a Quorum?

In the first week of the Trump administration, along with a flurry of executive orders, the President appointed Andrea Lucas as the Acting Chair of the Equal Employment Opportunity Commission (“EEOC”). Within days, he...more

Epstein Becker & Green

Executive Order 14173: How Public Companies’ DEI Initiatives May Be Targeted and Key Actions to Take Now

Epstein Becker & Green on

On January 21, 2025, President Trump signed Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which, among other actions, directs all executive departments and...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

Ballard Spahr LLP

Trump Administration Retreats from Defense of Two Biden-Era Lawsuits

Ballard Spahr LLP on

In the ongoing battle over labor policy, the Trump administration has signaled plans to abandon or at least revise its defense of two Biden-Era lawsuits and their underlying initiatives. ...more

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

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Hear Reverse Discrimination Appeal

A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

Holland & Hart LLP on

The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more

Fisher Phillips

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

FordHarrison on

A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Seyfarth Shaw LLP

EEOC’s Pregnant Worker Suits Are Compliance Lessons for Employers

Seyfarth Shaw LLP on

The Equal Employment Opportunity Commission filed a flurry of lawsuits last month alleging violations of federal law concerning pregnancy and related conditions. These cases highlight a new “Bermuda Triangle” of laws that...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Fisher Phillips

Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

Fisher Phillips on

The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new...more

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