Popular, Title VII, Corporate Counsel

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

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

Fisher Phillips on 5/19/2025

A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...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

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

Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Shaw LLP on 9/30/2021

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et...more

COVID-19 Vaccine - Frequently Asked Questions

Troutman Pepper Locke on 12/16/2020

Why It Matters - Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too....more

September 2018 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper Locke on 10/11/2018

Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

EEOC Sues Estée Lauder for Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 8/31/2017

Cosmetics Giant Gave Men Lesser Paid Parental Leave and Related Benefits, Federal Agency Says - PHILADELPHIA - Estée Lauder Companies, Inc., one of the world's leading manufacturers and marketers of skin care, makeup,...more

Employment Law This Week: Fiduciary Rule Takes Effect June 9, Rescission of Persuader Rule, Title VII & Sexual Orientation,...

Epstein Becker & Green on 6/5/2017

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on 3/9/2017

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Parker Poe Adams & Bernstein LLP on 11/15/2016

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

Seyfarth Shaw LLP on 8/30/2016

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Federal Court Allows the EEOC to Conduct Investigation on Employer’s Premises Without Employer Consent or a Warrant

Mintz - Employment Viewpoints on 5/24/2016

Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision, however, may lead to an...more

EEOC Posts Fact Sheets On LGBT Discrimination, Transgender Issues

Constangy, Brooks, Smith & Prophete, LLP on 5/4/2016

The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on 4/26/2016

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

All 'Jiggery-Pokery' Aside: Justice Scalia's Impact on Employment Law

Hinshaw & Culbertson LLP on 2/17/2016

Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia. Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's...more

Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

Seyfarth Shaw LLP on 2/3/2016

EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments in this case since its inception. Now it has reached the U.S. Supreme Court on the issue of whether attorneys’...more

Fourth Circuit Court Of Appeals Holds That Gender Normed Physical Fitness Tests Do Not Run Afoul Of Title VII

Pullman & Comley - Labor, Employment and... on 1/28/2016

As we are all aware, Title VII of the Civil Rights act of 1964 prohibits, among other things, discrimination in employment on the basis of sex. This prohibition extends not only to intentionally discriminatory conduct, but...more

Mach Mining Part 3: Supreme Court Gem Resurfaces In Southern District Of Illinois

Seyfarth Shaw LLP on 1/26/2016

Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing...more

One More Push-Up: Fourth Circuit Okays Gender Differences in Certain Physical Fitness Tests

Bradley Arant Boult Cummings LLP on 1/20/2016

Can an employer have different physical fitness standards for men and women without running afoul of Title VII? Yes, according to the Fourth Circuit that ruled that the FBI could reject a male agent candidate who failed his...more

Court Finds Promotional Tests Violate Title VII

Seyfarth Shaw LLP on 12/8/2015

In Bruce Smith, et al. v. City of Boston, Case No. 12-CV-10291 (D. Mass. Nov. 16, 2015), Judge Young of the U.S. District Court for the District of Massachusetts held that the City of Boston Police Department’s (the...more

Early Returns: Browning-Ferris and the Expanding Employment Relationship

Faegre Drinker Biddle & Reath LLP on 11/3/2015

On August 27, 2015, the National Labor Relations Board (NLRB) issued its decision in Browning-Ferris Industries of California, 362 NLRB No. 186, reworking the standard for joint employment under the National Labor Relations...more

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

Seyfarth Shaw LLP on 10/9/2015

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

Orrick, Herrington & Sutcliffe LLP on 9/5/2015

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

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