#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
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
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
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
Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when...more
Company Told Applicant "Age Will Matter," Federal Agency Says - NEWARK, N.J. --- Diverse Lynx, LLC, a Princeton, New Jersey-based IT staffing firm with offices in Princeton and Noida, India, will pay $50,000 and will...more
Seyfarth Synopsis: Despite the major ideological shift that occurred within American politics in 2017, government-initiated litigation continued to flourish if not increase even after with the election of the pro-business...more
Longtime Workers Were Fired or Forced to Quit Due to Their Age, Federal Agency Charged - MONTROSE, Colo. -- Montrose Memorial Hospital will pay $400,000 and furnish other relief to settle an age discrimination lawsuit...more
Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more
Manager Refused to Hire a 60-Year Old Female Applicant Because of His Belief That She Could Not Handle the 'Physicality' of the Job, Federal Agency Charges - ATLANTA - Eagle Parking, LLC., a full-service parking management...more
The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment....more
In 50th Anniversary of ADEA, Impact of Age Discrimination Felt Across Nation's Economy - WASHINGTON - Persistent age discrimination and stereotypes about older workers continue to channel older workers out of the...more
Seyfarth Synopsis: Reviewing the EEOC’s case filings during the first half of the Commission’s fiscal year may already reveal some surprising trends, most notably a sharp uptick in the total number of case filings – up 75%...more
Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more
Employers are well aware of the federal Age Discrimination in Employment Act (“ADEA”), which protects individuals over the age of forty, as well as its disparate-impact provision, which makes it unlawful for an employer to...more
As the extreme rhetoric of the 2016 presidential campaign slowly wanes, the divisions it exposed remain raw. Many Americans celebrate the election of President-elect Trump, while many others continue to express concern about...more
Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
Employers have been warned time and time again – retaliation claims are on the rise. With the number of these claims climbing, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Final Enforcement Guidance...more
The number of charges filed with the Equal Employment Opportunity Commission (EEOC) is once again climbing, according to newly released litigation and enforcement statistics for FY 2015. During the past fiscal year, 89,385...more
In a recent holding, the U.S. Supreme Court determined that discrimination claims under the Fair Housing Act (FHA) may be premised on "disparate impact," meaning that a plaintiff may challenge a practice even if it was not...more
Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more
Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
Last week, the Supreme Court issued its highly anticipated ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (Inclusive Communities). For the first time, the Court interpreted...more
In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the U.S. Supreme Court, in a 5-4 decision, held that disparate impact discrimination...more
This case arose from a dispute regarding where housing for low-income persons should be constructed in Dallas, Texas—that is, whether low-income housing projects that received government tax credits should be built in the...more