News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Title VII Employer Liability Issues

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

Beltway Buzz - October 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

U.S. Equal Employment Opportunity Commission...

Lago Mar Resort & Beach Club to Pay $100,000 in EEOC Pregnant Workers Fairness Act Suit

Hotel Operator Agrees to Provide Reasonable Accommodations to Pregnant Employees - MIAMI – Lago Mar Properties, Inc., doing business as Lago Mar Resort & Beach Club (Lago Mar), a beachfront hotel and resort, agreed to...more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

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Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Poyner Spruill LLP

EEOC Settlement Underscores Heightened Undue Hardship Religious Accommodation Standard

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Suncakes NC, LLC, a North Carolina-based company, and Suncakes, LLC, a Texas-based company doing business as IHOP (collectively “Suncakes”), will pay $40,000 and provide other relief to settle a religious discrimination and...more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

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Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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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

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

Fisher Phillips

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

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A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

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It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

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

Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

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Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

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The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

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The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

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

EEOC Releases Guidance for Preventing Harassment at Construction Worksites

Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Lippes Mathias LLP

Highlights of the EEOC's Final Regulations on the Pregnant Workers Fairness Act

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On April 15, 2024, the Equal Employment Opportunity Commission ("EEOC") issued its final regulations interpreting the Pregnant Workers Fairness Act ("PWFA"). The PWFA became effective on June 27, 2023, and the regulations...more

Bradley Arant Boult Cummings LLP

Workplace Harmony in 2024: Navigating the EEOC’s Latest Harassment Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Orrick, Herrington & Sutcliffe LLP

Discerning the EEOC’s Stance on Corporate DEI Programs

In the wake of last year’s historic Supreme Court decision striking down affirmative action in college admissions, employers and others have been asking the Equal Employment Opportunity Commission to provide guidance on how...more

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