News & Analysis as of

Civil Rights Act Title VII Federal Arbitration Act

Dechert LLP

When It Rains, It Pours: Supreme Court, EEOC and DOL Release Flood of Employment Law Developments

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Through two unanimous decisions, the Supreme Court has made it easier for employees to avoid arbitration due to their status as "transportation workers" and to challenge job transfers as discriminatory under Title VII. ...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Holland & Hart - Employers' Lawyers

End of Year Federal Employment Law Update: 2022

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more

King & Spalding

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 Brings Significant Change to Employers with...

King & Spalding on

Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445) and on March 3, 2022 President Biden signed it into law (the “Act”). The Act amends the Federal Arbitration Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Hogan Lovells

Clearing Out the Cobwebs: EEOC Rescinds Decades Old Policy Against Binding Arbitration

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As part of an ongoing project to update its guidance and technical assistance documents, the Equal Employment Opportunity Commission (“EEOC”) last week issued a statement rescinding its 1997 Policy Statement on Mandatory...more

Fisher Phillips

EEOC Scraps Policy That Took Aim At Mandatory Workplace Arbitration

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The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more

Akin Gump Strauss Hauer & Feld LLP

Amendments to State Human Rights Law Will Impact New York Companies

• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims. • In several respects, the amendments align the NYSHRL...more

Fisher Phillips

SCOTUS 2018-2019 Year In Review: “It Means What It Says. . . .”

Fisher Phillips on

Perhaps the most shocking aspect of employment-related cases from the 2018-2019 Supreme Court term that just wrapped up was the number of unanimous decisions – seven of the eight rulings – were agreed upon by all of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2019

This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

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The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...more

Holland & Hart - Employers' Lawyers

SCOTUS Employment Cases and Petitions for The Upcoming Term

The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more

Ballard Spahr LLP

Attorneys General Seek to Ban Mandatory Arbitration for Workplace Sexual Harassment

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Each state's attorney general has signed a letter demanding that Congress amend the Federal Arbitration Act (FAA) to prohibit mandatory arbitration provisions in claims involving workplace sexual harassment. ...more

Zuckerman Spaeder LLP

Four Employment Law Issues to Watch in 2018

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1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more

Locke Lord LLP

District Court Compels Arbitration

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In a recent decision, the United States District Court for the Northern District of New York clarified the standard it utilizes for motions seeking to compel arbitration, holding that a standard similar to that applicable to...more

Littler

A Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key "Blacklisting" Rule Provisions

Littler on

Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more

Bradley Arant Boult Cummings LLP

Blacklisting for Past Labor Violations -- Executive Order 13673

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

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

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Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

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U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

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