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Non-Discrimination Rules

Troutman Pepper Locke

What Businesses Need to Know: Colorado’s First-in-the-Nation AI Act Diverges From Federal Approach to Disparate Impact

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Last week, Colorado lawmakers held a special session that culminated in a decision to delay the implementation of the Colorado Artificial Intelligence Act (CAIA) until June 30, 2026, extending the timeline beyond its original...more

Berkshire

State of California to regulate use of AI in employment

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Effective October 1, 2025, significant revisions to Title 2 of the California Code of Regulations goes into effect. The regulations manage the enactment of the state’s Fair Employment and Housing Act (FEHA) and the...more

Womble Bond Dickinson

[Webinar] DOJ’s Civil Rights Fraud Initiative: FCA Enforcement Against DEI Programs - September 16th, 12:00 pm - 1:00 pm ET

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Join Womble Bond Dickinson attorneys Jasmine Chalashtori, Michael Clark, and Martha Zackin as they provide critical insights on how organizations across industries—not just traditional FCA defendants—may face scrutiny for...more

Berkshire

DOJ Issuing Civil Investigative Demand Letters to Federal Contractors and Grant Recipients

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The Department of Justice (DOJ) is sending Civil Investigative Demand (CID) letters to some federal contractors and grant recipients as part of the agency’s Civil Rights Fraud Initiative, which was announced in May as part of...more

Foley & Lardner LLP

DOJ Issues Additional Guidance Concerning Unlawful Discrimination to Recipients of Federal Funding

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On July 29, 2025, the Department of Justice (“DOJ”) issued guidance outlining what it considers “unlawful discrimination” by recipients of federal funds. In the guidance, Attorney General Bondi clarifies the application of...more

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

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Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Orrick, Herrington & Sutcliffe LLP

California’s New AI Employment Rules: What Employers Need to Know

California is the latest mover in a world of evolving AI regulation, amending the Fair Employment and Housing Act’s (FEHA) regulatory framework to address the use of artificial intelligence in employment-related decisions....more

Saul Ewing LLP

Navigating the New Normal: Top Employee Benefits Risks for Healthcare Employers in 2025

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As the healthcare industry grapples with the impact of the 2025 Comprehensive Reform Act, which was signed into law on July 4, 2025, offering benefits to its own employees continues to be both a tool for employee retention...more

ArentFox Schiff

The AG’s July 29, 2025, Guidance on Discrimination: Its Potential Impact

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On July 29, the Attorney General (AG) of the United States issued a memorandum entitled “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination” (hereinafter “Guidance”). This alert provides a review of...more

Ballard Spahr LLP

DOJ’s Roadmap for Federally Funded Entities and DEI

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Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Cozen O'Connor

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

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On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more

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

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Bricker Graydon LLP

Why You Can’t Kick High Claimants Off Your Health Insurance

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If your health insurance premiums have gone up again, you are not alone.  For that reason, we frequently get questions from clients on whether there is anything they can do to get high claimants off of their plans....more

Fisher Phillips

Colorado’s AI Task Force Warns of Compliance Challenges Ahead of Groundbreaking 2026 AI Law: What Employers Need to Know

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Colorado’s impending landmark AI law continues to raise compliance challenges and policy concerns for employers and the broader business community, as highlighted in a recent report from the state’s AI Task Force. The...more

Sheppard Mullin Richter & Hampton LLP

Wearable Technologies and Employment Risks – EEOC Issues New Guidance

From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing...more

DLA Piper

A New Prohibition Era for AI: Why You Could Be ‘Bootlegging’ Banned Tech

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If hearing the word “prohibition” brings to mind the moonshine, speakeasies, and bootleg liquor of 1920s America, you’re not alone. It conjures images from ‘Boardwalk Empire’ or ‘The Untouchables’. But today’s prohibition...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidelines for Healthcare Providers Responding to Immigration Enforcement Actions

Executive orders and changes to enforcement directives permitting Immigration and Customs Enforcement (ICE) and agents from other divisions of the Department of Homeland Security to enter sensitive locations, such as...more

Holland & Knight LLP

OCR Shores Up Access to Healthcare with Nondiscrimination Protections

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Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 4 "Local Enforcement of Discrimination Protections Now in Play"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers.  On the fourth day of the holidays, my labor and...more

Seyfarth Shaw LLP

The Cost of Non-Compliance: Insights from IERs Settlement Agreement with Great Dane LLC

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On November 25, 2024, the U.S. Department of Justice (DOJ) announced a settlement with Great Dane LLC (Great Dane), a trailer manufacturing company, over allegations of discriminatory hiring practices against non-U.S....more

Akin Gump Strauss Hauer & Feld LLP

Content Moderation: Reforming FCC’s Section 230

Congress and/or the Federal Communications Commission (FCC) may also look at reforms to Section 230 of the Communications Decency Act. President-elect Donald Trump and Commissioner Brendan Carr have both expressed support for...more

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

New York Amends Constitution to Expand Equal Protection

On November 6, 2024, New Yorkers across the state voted “yes” on the Equal Rights Amendment, commonly known as Proposition 1. The newly passed Equal Rights Amendment expands New Yorkers’ constitutional civil rights and...more

Harris Beach Murtha PLLC

AI Regulation Under a Second Trump Term; Elon Musk’s Influence

With President Trump's re-election, the approach to artificial intelligence regulation in the United States is poised for a dramatic shift away from the more proactive, government-led model that was anticipated under a Harris...more

Epstein Becker & Green

California Is the First State to Adopt Intersectionality of Protected Characteristics

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California continues to be the birthplace of ideas that complicate employment laws....more

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