News & Analysis as of

Risk Mitigation Employer Liability Issues Equal Employment Opportunity Commission (EEOC)

Womble Bond Dickinson

DOJ’s DEI Directive: Navigating New Compliance Risks

Womble Bond Dickinson on

On July 29, 2025, the U.S. Department of Justice issued a memorandum to federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination”. The Guidance is intended to clarify how federal...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

K&L Gates LLP on

On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

Littler

Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps (UPDATED)

Littler on

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case and...more

Proskauer Rose LLP

Mental Health Discrimination: A Rising Risk for Employers

Proskauer Rose LLP on

Mental health is the latest emergent issue for employers due to recent events such as the ongoing COVID-19 pandemic, resulting recession and other factors like the perpetual display of racial injustices in the media. ...more

Bailey & Glasser, LLP

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

Bailey & Glasser, LLP on

After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

Littler

Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps (UPDATED)

Littler on

As the trajectory of the COVID-19 pandemic continues to unfold, government officials at all levels are reevaluating their health and safety protocols and adjusting workplace guidance based on ever-shifting case metrics. While...more

Goodwin

Mitigating Risks after Reopening in the U.S.: What to Do When an Employee Who Has Returned to the Workplace Has Symptoms of, Tests...

Goodwin on

As state and local stay-at-home orders are lifted, businesses across the U.S. are in the process of reopening or planning to reopen. Despite downward trends of new COVID-19 cases in some states, the COVID-19 pandemic...more

Stinson LLP

Top 10 Action Items for Contractors Reopening Their Offices

Stinson LLP on

During the COVID-19 pandemic the construction industry has, for the most part, been able to continue field operations on existing projects. Of course, regulations have varied from state to state, and in some regions...more

Proskauer - Law and the Workplace

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

Declaration of Coronavirus Pandemic by the World Health Organization - On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but...more

Morgan Lewis

Responding to the 2019 Novel Coronavirus: Guidance for US Employers

Morgan Lewis on

The outbreak of the 2019 Novel Coronavirus (2019-nCoV) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....more

Fisher Phillips

Employers Take Heed: The EEOC Is Cracking Down On Pay Discrimination

Fisher Phillips on

Equal pay for equal work is a hot topic for employers. In the last few years, several states have passed equal pay laws, while the Equal Employment Opportunity Commission (EEOC) is paying more attention to equal pay issues on...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

McAfee & Taft on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

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

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to...more

McAfee & Taft

Best practices for Oklahoma employers when inquiring about criminal histories

McAfee & Taft on

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more

Miller & Martin PLLC

Is Your Anti-Harassment Training Making the Grade?

Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

Mintz - Employment Viewpoints

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

Zelle LLP on

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Foley & Lardner LLP

EEOC, Court Flip Flops Reveal Challenges to Employers Facing Accommodation Requests

Foley & Lardner LLP on

If even the U.S. Equal Employment Opportunity Commission (EEOC) and the courts cannot agree how far the Americans with Disabilities Act’s (ADA) accommodation obligation extends, how is an employer supposed to do so? As we...more

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