Popular, Employment Litigation

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Fisher Phillips on 8/18/2025

An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

DOL/VETS SALUTE Program for USERRA Compliance: Considerations for Employers

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

On July 24, 2025, the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS) launched a program for employers to seek guidance for ensuring compliance with the Uniformed Services Employment and...more

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

Husch Blackwell LLP on 7/30/2025

In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Workday Ruling: How Europe’s Top Courts Raised the Bar for Employee Data Protection

Fisher Phillips on 7/24/2025

Cloud-based HR systems have become standard for multinational businesses, driving efficiency but also increasing compliance and privacy risks. Indeed, a recent Workday case, which originated in Germany, has clarified the...more

The Supreme Court “Clarifies” ADA Title I Protections for Retired Workers

Holland & Hart - Employers' Lawyers on 7/2/2025

On June 20, 2025, the U.S. Supreme Court issued its long-awaited opinion in Stanley v. City of Sanford, No. 23-997, addressing the scope of protections available to retired workers under Title I of the Americans with...more

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on 6/30/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Social media tip for employers: SHUT UP!

Constangy, Brooks, Smith & Prophete, LLP on 6/27/2025

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not...more

Deepfakes and Digital Harassment: What Employers Need to Know in 2025

Littler on 6/16/2025

The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech...more

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

Proskauer - Law and the Workplace on 6/12/2025

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Federal Jury Finds H-2A Contractor Liable for Forced Labor — What Employers Must Know

Warner Norcross + Judd on 6/11/2025

A recent federal jury verdict in Michigan has brought renewed attention to the compliance risks faced by employers that utilize the H-2A visa program, particularly when working with third-party labor contractors. On June 6,...more

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

Poyner Spruill LLP on 6/11/2025

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary...more

Supreme Court Denies Review of Statute of Limitations for Section 1981 Discrimination Claims

Parker Poe Adams & Bernstein LLP on 6/6/2025

On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more

Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts

Fox Rothschild LLP on 6/2/2025

Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed at a short(ish) judicial...more

Confidentiality in the Digital Age: The Singapore approach

Hogan Lovells on 5/28/2025

In a digital age where large volumes of data can be transferred and retained with ease, the Singapore High Court’s recent decision in Hayate Partners Pte Ltd v Rajan Sunil Kumar [2025] SGHC 41 sheds light on a growing...more

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

Fisher Phillips on 5/27/2025

A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Holland & Hart - Employers' Lawyers on 5/23/2025

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more

Risk Management in the Modern Era of Workplace Generative AI

McDermott Will & Schulte on 5/9/2025

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Backpay Under ADA

Amundsen Davis LLC on 5/9/2025

The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty...more

Another Legal Challenge to an AI Interviewing Tool

Proskauer - Law and the Workplace on 4/30/2025

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

Littler on 4/28/2025

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

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