News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Employment Litigation Employees

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

Gould + Ratner LLP

Ames Analysis: Reverse Discrimination Reversed

Gould + Ratner LLP on

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, striking down the “background circumstances” requirement in so-called “reverse discrimination” cases. The Court held...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

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

Offit Kurman

Adjusting Job Descriptions for Business Needs – What You Need to Know

Offit Kurman on

Changing an employee's job description during business restructuring can be tricky, especially when balancing business needs with legal requirements. Can human resource managers change an employee’s job description to align...more

Dickinson Wright

Should You Use a Performance Improvement Plan?

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A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach...more

U.S. Equal Employment Opportunity Commission...

Security Engineers, Inc. to Pay $1.6 Million in EEOC Sex Discrimination Lawsuit

Federal Agency Charged Security Company with Engaging in Systemic Sex Discrimination in Hiring and Assignments - BIRMINGHAM, Ala. – Security Engineers, Inc., a contract security solutions provider headquartered in...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Mintz

[Podcast] Mintz on Air: Practical Policies - Performance Evaluations: From Stellar to Subpar and Everything In Between

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on performance evaluations, covering their importance, best practices, and legal significance. This episode is part...more

Whiteford

Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work

Whiteford on

In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more

Holland & Hart - Employers' Lawyers

Quick Q&A on Remote Work Policies

Can remote polices from the pandemic be used against a company trying to bring employees back into the office? In certain circumstances, yes. Recently, courts have allowed juries to decide if onsite work is essential when the...more

McAfee & Taft

Reservist’s claim that employer was anti‑military goes down in flames

McAfee & Taft on

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

Rumberger | Kirk on

“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...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

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...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

Dentons

Pregnant Workers Fairness Act

Dentons on

This spring, the US Equal Employment Opportunity Commission (EEOC) issued a press release that its Pregnant Workers Fairness Act (PWFA) would be published in the Code of Federal Regulations in April and become effective in...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues All Day Medical Care Clinic for Discriminating Against Employee for Not Disclosing Disability During Job Interview

Maryland Health Care Provider Terminated Employee with Vision Impairments for Requesting Reasonable Accommodation on First Day of Work - BALTIMORE – All Day Medical Care Clinic, LLC, which operates five medical clinics in...more

Cranfill Sumner LLP

EEOC Finalizes Pregnant Workers Fairness Act Rule

Cranfill Sumner LLP on

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its rule implementing the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to require employers to reasonably accommodate employees...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Poyner Spruill LLP

EEOC Unveils Final PWFA Guidelines

Poyner Spruill LLP on

The Equal Employment Opportunity Commission (EEOC) released its final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The Guidance will be effective on June 18,...more

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