News & Analysis as of August 3, 2025

Employment Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

Proskauer - Law and the Workplace on 7/29/2025

If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize. A survey of 1,342 full-time manager-level employees...more

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on 7/25/2025

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on 7/23/2025

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Good Intentions, Lawful Termination: Sixth Circuit Backs Employer Discipline

Kohrman Jackson & Krantz LLP on 7/22/2025

In a recent decision that reinforces the importance of consistent policy enforcement, the Sixth Circuit upheld the dismissal of an age discrimination lawsuit filed by a nurse terminated from the Cincinnati VA Medical Center...more

AI-Driven Employment Litigation Post-Trump AI EO’s

Mintz - Employment Viewpoints on 7/16/2025

In an era where President Trump has revoked existing federal AI policies and directives and federal agencies have followed suit, several state legislatures and courts are weighing in to account for potential AI-enabled bias...more

State laws on AI hiring tools persist after One Big Beautiful Bill Act

McDermott Will & Emery on 7/15/2025

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald...more

Where Are We Now With the Use of AI in the Workplace?

Sheppard Mullin Richter & Hampton LLP on 6/17/2025

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

Washington State Employment Law: Key Legislative Changes Effective July–September 2025

Jackson Lewis P.C. on 6/13/2025

Washington State continues to lead in progressive employment legislation with a number of new laws set to take effect in the coming months. These changes span a wide range of employment issues — from wage transparency and...more

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

Amundsen Davis LLC on 6/9/2025

Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Keating Muething & Klekamp PLL on 5/9/2025

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

New Jersey Updates Discrimination Law: New Rules for AI Fairness

Sheppard Mullin Richter & Hampton LLP on 2/24/2025

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

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

Rumberger | Kirk on 1/31/2025

“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

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology...

Saiber LLC on 1/29/2025

On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of...more

Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

Sheppard Mullin Richter & Hampton LLP on 1/29/2025

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action...more

Executive Order Tracker

Littler on 1/27/2025

Littler's Executive Order Tracker is your go-to resource for staying updated on all executive orders and actions issued by the Trump administration. We are tracking every order, analyzing its impact, and providing summaries...more

7 strikes, and this employer is OUT!

Constangy, Brooks, Smith & Prophete, LLP on 1/22/2025

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

New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools

Jackson Lewis P.C. on 1/13/2025

This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more

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

Constangy, Brooks, Smith & Prophete, LLP on 10/2/2024

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

Second Circuit Dismisses Remote Employee's Discrimination Claim Brought Under New York State Human Rights Law

Hinshaw & Culbertson - Employment Law... on 8/5/2024

On March 20, 2024, the Second Circuit dismissed a remote employee's discrimination claim brought under the New York State Human Rights Law (NYSHRL). The Court held that the employee's discrimination did not meet the "impact...more

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on 7/30/2024

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach Murtha PLLC on 7/19/2024

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

Supreme Court Lowers the Bar for Title VII Employment Claims

Skadden, Arps, Slate, Meagher & Flom LLP on 6/27/2024

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on 5/21/2024

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

Bradley Arant Boult Cummings LLP on 5/2/2024

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

BaronHR to Pay $2.2 Million in EEOC Hiring Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/10/2024

Temporary Staffing Company Resolves Federal Charges It Discriminated Against Workers Based on Race, National Origin, Sex and Disability - LOS ANGELES – Nationwide staffing agency BaronHR, LLC will pay $2.2 million and...more

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