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Risk Management Employer Liability Issues Employment Discrimination

Mintz

Real Versus Robot: Biometric Vetting in Hiring

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3 Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

A&O Shearman

UK employment developments July 2025

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As we move into the second half of 2025, several important developments are emerging that HR, legal and compliance teams should have on their radar. Employment Rights Bill: strategic planning starts now - The Employment...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

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Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Frantz Ward LLP

AI Bias Case Against Workday Moves Forward, Heightening Employer Liability Risk with Recruitment Tools

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A high-profile lawsuit challenging algorithmic hiring practices is moving forward in Mobley v. Workday, Inc., a case with growing implications for employers using AI-driven recruiting tools....more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

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A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Blank Rome LLP

Breaking—Supreme Court Unanimously Lowers Bar for “Reverse Discrimination” Claims: Ames v. Ohio Department of Youth Services...

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The U.S. Supreme Court issued a landmark, unanimous decision in Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025) on June 5, 2025, fundamentally altering the landscape for “reverse discrimination” claims under...more

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

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This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

McDermott Will & Schulte

Risk Management in the Modern Era of Workplace Generative AI

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

Oppenheimer Investigations Group

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical...more

Troutman Pepper Locke

AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast

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AI is unavoidable these days. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into what employers need to know about it, joined by their Troutman Pepper Locke partner, Brett Mason, who hosts...more

Conn Kavanaugh

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...

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The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025,...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline

It's tournament time, and just like basketball, employee discipline requires strategy and execution. Employers need to have a game plan and stick to it, or it could land them in hot legal water. In this episode of Constangy...more

Morgan Lewis

Artificial Intelligence in Employment: Key Takeaways

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Artificial intelligence (AI) offers employers considerable advantages, such as improved productivity, enhanced decision-making, and the ability to streamline various business processes. However, the adoption of AI technology...more

Mayer Brown

How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for Immigration Enforcement

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AT A GLANCE On February 5, 2025, Attorney General Pamela Bondi issued a series of internal memoranda directing the Department of Justice (DOJ) to implement policy priorities of the Trump Administration. Several of these...more

Bass, Berry & Sims PLC

Navigating Tennessee Background Check Laws: A Guide for Employers

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Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more

Fisher Phillips

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

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Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

Mandelbaum Barrett PC

Educate and Empower Your Team: Navigating the WIRE Mandate

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Navigating Workplace Impairment: What Employers Need to Know About WIREs - As the legal landscape around cannabis continues to evolve, employers face new challenges in managing workplace safety and compliance. With employees...more

Fisher Phillips

Employer FAQs About AI Agents

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Imagine your virtual assistant did more than just respond to your questions or requests but actually took the initiative, performing complex tasks without needing instructions, learning and improving from each experience....more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

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Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

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

Colorado’s Artificial Intelligence Act: What Employers Need to Know

On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill (SB) 24-205, “Concerning Consumer Protections in Interactions With Artificial Intelligence Systems” (the “Colorado Artificial Intelligence (AI) Act”),...more

Seyfarth Shaw LLP

White House Finalizes AI Risk Management Standards for Federal Agencies, Hinting at Future Guidelines for Private Sector

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The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more

Seyfarth Shaw LLP

President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement

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Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of...more

Venable LLP

Size Matters: NYC’s New Height and Weight Legislation Reshapes Workplace Protections

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On May 26, 2023, Mayor Eric Adams signed into law a bill that expands New York City's anti-discrimination laws, adding height and weight as protected characteristics under the New York City Human Rights Law. Effective on...more

Jackson Walker

Avoiding “Single Event” Hostile Work Environment Claims

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Title VII of the 1964 Civil Rights Act and other anti-discrimination statutes require employers to avoid discrimination on the basis of race, gender, and other improper classifications. The United States Supreme Court has...more

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