Popular, Employment Litigation, Employment Discrimination

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

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

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

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

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

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

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

Which laws apply to my out-of-state remote employees?

McAfee & Taft on 4/22/2025

While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more

2025 Employment Law Trends: Navigating the Shifting Landscape and What Employers Need to Know

Goldberg Segalla on 4/10/2025

As we move further into 2025, the employment law landscape continues to evolve rapidly, driven by significant regulatory changes and emerging workplace dynamics. For employers and counsel, staying ahead of these trends is...more

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

DLA Piper on 2/17/2025

Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity...

McCarter & English, LLP on 2/11/2025

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a...more

What’s Next After Trump Removes NLRB, EEOC, and Other Agency Officials?

Mintz - Employment Viewpoints on 2/10/2025

In a flurry activity, President Trump dismissed the General Counsel for the Equal Employment Opportunity Commission (EEOC), the General Counsel for the National Labor Relations Board (NLRB), and the initial acting General...more

It Ends with Us, But Continues in Court: Blake Lively and Justin Baldoni's Legal Battle

Offit Kurman on 2/5/2025

The film “It Ends With Us” was a massive hit in 2024, grossing $350 million globally. Yet, the drama surrounding the film has shifted from the big screen to the courtroom, with a series of legal battles between its stars,...more

2024 Employment Year-End Roundup

Patterson Belknap Webb & Tyler LLP on 1/13/2025

INTRODUCTION - The year 2024 brought significant developments to a wide range of employment law areas, from anti-discrimination and retaliation law to labor issues. Federal courts across the country expanded the rights of...more

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Fisher Phillips on 7/15/2024

Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

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