News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Protected Class Employment Discrimination

Parker Poe Adams & Bernstein LLP

President Trump Signs Order Ending Government Disparate Impact Investigations

On Wednesday, President Donald Trump signed an executive order barring federal agencies from investigating or prosecuting employment discrimination using the disparate impact concept. Most discrimination claims allege that an...more

Morgan, Brown & Joy, LLP

EEOC and Department of Justice Issue Guidance on DEI-Related Discrimination

The first two months of the Trump administration saw a flurry of Executive Orders targeting private and public sector diversity, equity, and inclusion (“DEI”) programs, and March has been no different. On March 19, 2025, the...more

DCI Consulting

EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

DCI Consulting on

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

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

Wearable Technologies in the Workplace May Implicate Nondiscrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that explains why employers need to be careful in using wearable technologies so they do not violate federal nondiscrimination laws. ...more

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

‘Motive’ or ‘Animus’? Lessons From Appellate Practice

The term “animus” is often used interchangeably with “motive” by lawyers and courts, but the two words have different meanings and connotations, and confusion between them can become an unnecessary complication. None of us...more

IMS Legal Strategies

The Future Is Now: Preparing for Today’s and Tomorrow’s AI Litigation

IMS Legal Strategies on

Recent developments in artificial intelligence (AI) have taken the world by storm, with many industry leaders and technology optimists eagerly anticipating its integration into processes and solutions across nearly every...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Amundsen Davis LLC

EEOC Takes More Aggressive Stance on Discrimination Lawsuits

Amundsen Davis LLC on

On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also...more

Parker Poe Adams & Bernstein LLP

New York City Adds Weight and Height to Protected Classes for Employment Purposes

Last month, New York City Mayor Eric Adams signed a new ordinance that adds weight and height to the city’s antidiscrimination prohibitions. The new measure means that employers in New York can be sued for discrimination...more

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

Gould + Ratner LLP on

In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on

As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Akin Gump Strauss Hauer & Feld LLP

Amendments to State Human Rights Law Will Impact New York Companies

• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims. • In several respects, the amendments align the NYSHRL...more

Cozen O'Connor

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Vedder Price

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

McNees Wallace & Nurick LLC

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

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