#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®
Day 18 of One Month to Better Compliance Through HR- Using Promotions to Operationalize Compliance
On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more
A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more
On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more
Recently, there has been an intense focus on how employers approach employment decisions such as recruitment, hiring, promotions, and pay. Long-standing practices have been challenged in court, through executive actions, and...more
The California Privacy Protection Agency released proposed regulations in November 2024 that will, if finalized, create significant new hurdles for employers using artificial intelligence to assist with a variety of...more
Illinois lawmakers passed a number of changes to employment laws effective January 1, 2025. The following is a summary of each law...more
A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more
Beginning January 1, important amendments to the Illinois Equal Pay Act will go into effect. Established in 2003, the Act aims to eliminate gender-based discrimination and ensure that employees are compensated equally for the...more
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 Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more
State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more
Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more
Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with...more
Two recent court decisions shed some light. Two decisions in reverse discrimination cases came down this week from the U.S. Court of Appeals for the Seventh Circuit. In one case, a three-judge panel found in favor of the...more
This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more
Commissioner Sonderling will address the implications of Artificial Intelligence(AI)/Machine Learning (ML) for equal employment opportunity. Employers are using AI to make employment decisions at every stage of the job life...more
New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on...more
On July 22, 2019, the California Supreme Court issued its long-awaited opinion in Wilson v. CNN. The primary question before the court concerned the application of the anti-SLAPP statute, Civil Procedure Code Section 425.16,...more
Here in O’Town, we are thrilled that the Magic made it to the NBA playoffs. In basketball, of course, it’s easy to determine who’s the best of the best—just look at the scoreboard. ...more
Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more
Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more
Retail Giant Refused Wisconsin Employee's Schedule Change Request to Observe the Sabbath, Federal Agency Charges - MILWAUKEE - Walmart Inc. and Walmart Stores East, LP violated federal law when they refused a Christian...more
The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more
Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more