News & Analysis as of September 13, 2025

Hiring & Firing › Protected Class

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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 -

[Webinar] Analytics, AI, and More: Unpacking California’s FEHA Amendments - September 10th, 2:00 pm - 3:00 pm EDT

DCI Consulting on 8/27/2025

The State of California has approved sweeping new changes to existing regulations implementing its Fair Employment and Housing Act (FEHA). While targeted at an employer’s use of automated-decision systems and selection...more

New Louisiana Employment-Related Laws: Key Takeaways From the 2025 Legislative Session

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2025

Two notable laws affecting Louisiana employers have taken effect this summer, providing expanded antidiscrimination protections for military status and a new exemption to Louisiana’s final pay law for certain types of...more

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

Fisher Phillips on 8/5/2025

Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

2025 Legislative Developments Affecting Washington Employers

Foster Garvey PC on 7/31/2025

Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

Perkins Coie on 10/31/2024

On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...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

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Husch Blackwell LLP on 8/22/2024

Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/5/2024

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

[Webinar] Staying Ahead in 2024 - AI's Impact on the Workplace and Tips for Managing a Multi-State Workforce - March 21st, 1:00 pm...

White and Williams LLP on 3/8/2024

Join us on March 21 for this topical webinar which will examine two of the latest trends facing employers. This session will examine what employers need to know and do as AI continues to impact the workplace, including a...more

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

Constangy, Brooks, Smith & Prophete, LLP on 12/8/2023

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

Parker Poe Adams & Bernstein LLP on 11/6/2023

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

NYC to Prohibit Employment Discrimination Based on Height and Weight

Troutman Pepper Locke on 9/20/2023

Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers? ...more

Can Employee Affinity Groups Result in Discrimination Claims?

Parker Poe Adams & Bernstein LLP on 7/20/2023

In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on 6/22/2023

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Height and Weight Set to Become Protected Classes in New York City

Kelley Drye & Warren LLP on 5/25/2023

New York City is poised to become the largest city in the nation to ban discrimination on the basis of a person’s height or weight. Earlier this month, the New York City Council passed Bill INT 0209, new legislation that...more

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Sheppard Mullin Richter & Hampton LLP on 4/25/2023

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2022

On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire. Oregon’s Equal Pay Act prohibits employers from...more

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on 5/19/2022

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

North Carolina’s City of Charlotte and Mecklenburg County Adopt Nondiscrimination Ordinances

Jackson Lewis P.C. on 10/12/2021

Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more

Pay Equity Comes to the Ocean State: What Rhode Island Employers Need to Know About New Pay Equity Law

Fisher Phillips on 8/16/2021

Rhode Island Governor Daniel McKee recently signed broad new pay equity legislation into law that will require you to change many common workplace practices, slated to take effect on January 1, 2023. While it might seem so...more

Montana Enacts New Law Making Vaccination Status a Protected Class and Limiting Inquiries Into Immunization Status

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2021

On May 7, 2021, Montana governor Greg Gianforte signed into law Montana House Bill 702, under which Montana became the first jurisdiction to recognize an individual’s vaccination status as a protected category. The law also...more

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on 3/2/2021

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Mining MSHA – Discrimination Complaints

Fisher Phillips on 9/28/2020

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

Fisher Phillips on 9/16/2020

Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

What Manufacturers Should Know About The EEOC

Jackson Lewis P.C. on 8/24/2020

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against an employee or a job applicant based on membership in protected classes. The agency has...more

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Hiring & Firing › Protected Class

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