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Disparate Treatment

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

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On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

DCI Consulting

EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

DCI Consulting on

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Dentons

Pregnant Workers Fairness Act Energetically Enforced by the EEOC

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It is rarely a good idea to ignore an agency request or summons, to thumb your nose at agency authority, or to simply tell them to go pound sand. There have been a variety of issues in agencies where failure to cooperate...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

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This article provides guidance and best practices for counseling employers on key employment discrimination and diversity, equity and inclusion-related legal issues associated with using artificial intelligence tools. ...more

Schwabe, Williamson & Wyatt PC

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

Poyner Spruill LLP

Faith, Fired, and Fourth Circuit: Court Resurrects Religious Discrimination Case Against Inova

Poyner Spruill LLP on

In a significant decision affecting employment discrimination law, the United States Court of Appeals for the Fourth Circuit has unanimously reversed the dismissal of a Title VII religious discrimination lawsuit brought by a...more

Fox Rothschild LLP

New Jersey: It’s Illegal To Discriminate, so It’s Also Illegal To Discriminate Using AI

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The New Jersey Attorney General recently issued guidance to clarify how the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination....more

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

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Wearable technologies are becoming increasingly common in the workplace, but a new guidance document from the Equal Employment Opportunity Commission (EEOC) has made it clear that employers need to tread carefully. From smart...more

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

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Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

Fisher Phillips

Japan’s Sweeping New Freelance Act: What Employers Should Know + Your 6-Step Action Plan

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The first-ever law protecting freelancers and independent contractors in Japan came into effect on November 1, requiring businesses that do work in the country to review their workplace practices and adjust as necessary. The...more

Troutman Pepper Locke

CFPB Releases Study on Differential Treatment of Black and White Small Business Owners Seeking Loans

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On November 13, the Consumer Financial Protection Bureau (CFPB or Bureau) released a pilot study titled “Matched-Pair Testing in Small Business Lending Markets” highlighting what the CFPB believes were two statistically...more

Fox Rothschild LLP

The Circuit City Landmine Redux, the Final Word (Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC): Supreme...

Fox Rothschild LLP on

As previously discussed and anticipated in prior blog posts, the United States Supreme Court’s decision in Siegel v. Fitzgerald, 596 U.S. 464, 142 S.Ct. 1770, 213 L.Ed.2d 39 (2022), which struck down as unconstitutional the...more

Troutman Pepper Locke

A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Lori Sommerfield to discuss the new guidance issued by the Department of Housing and Urban Development (HUD) on targeted...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Paul Hastings LLP

FERC Proposes Rule to Prohibit Reactive Power Compensation for Generators

Paul Hastings LLP on

On March 21, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued a Notice of Proposed Rulemaking (NOPR) in Docket No. RM22-2 that proposes to prohibit transmission providers from allowing generating...more

Kaufman & Canoles

CFPB Issues Report on Overdraft and NSF Fees

Kaufman & Canoles on

On December 19, 2023, the CFPB issued a new report on OD/NSF Fees entitled “Insights From the Making Ends Meet (MEM) Survey and Consumer Credit Panel (CCP)”. Overdrafts (ODs) occur if the financial institution elects to cover...more

Holland & Knight LLP

Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

Holland & Knight LLP on

The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - November 2023

We can all agree that health and wellness should be equal opportunity goals for all Americans, and your skin color shouldn’t matter. But it does. The health numbers for Blacks, Latinos and Asian Americans are so...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

Fox Rothschild LLP

The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by...

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On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 9, September 2023

The Virginia Clean Energy Act, the Botetourt County Battery Power Facility and the Impact on the Commonwealth - The Virginia Clean Energy Act (“VCEA”) mandates that Dominion Energy Virginia and Appalachian Power, the two...more

Jackson Lewis P.C.

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Jackson Lewis P.C. on

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

Dechert LLP

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

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As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

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