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Discrimination › Title VII › Hiring & Firing

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

Littler on

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

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Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Skadden, Arps, Slate, Meagher & Flom LLP on

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

Bradley Arant Boult Cummings LLP on

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

Flaster Greenberg PC

Are Coaches Independent Contractors or Employees?

Flaster Greenberg PC on

An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

Spilman Thomas & Battle, PLLC on

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Bradley Arant Boult Cummings LLP

Ultimatum on Ultimate Employment Decisions:  Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

Bradley Arant Boult Cummings LLP on

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

Seyfarth Shaw LLP

The Fifth Circuit Has Broadened Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent...more

Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

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Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

Bradley Arant Boult Cummings LLP

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Bradley Arant Boult Cummings LLP on

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

Manatt, Phelps & Phillips, LLP

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

Baker Donelson

Workplace Discrimination Lawsuits: Juries Won't Blame AI, They'll Blame You

Baker Donelson on

Workplace discrimination claims remain one of the most significant areas of legal exposure for employers, from hiring to firing and everything in between. An employer's reliance on artificial intelligence (AI), especially in...more

Bradley Arant Boult Cummings LLP

Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

Bradley Arant Boult Cummings LLP on

For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or...more

Jackson Lewis P.C.

Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule

Jackson Lewis P.C. on

The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate...more

Jackson Lewis P.C.

The “S” in ESG: Tying Compensation To DEI Goals

Jackson Lewis P.C. on

As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

FordHarrison

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

FordHarrison on

Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...more

Bradley Arant Boult Cummings LLP

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar

Bradley Arant Boult Cummings LLP on

Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Constangy, Brooks, Smith & Prophete, LLP

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

Bradley Arant Boult Cummings LLP on

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

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