News & Analysis as of

Employment Discrimination

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

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A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits...more

A&O Shearman

EBA publishes report on remuneration and gender pay gap for financial institutions

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The European Banking Authority (EBA) has issued its latest report on remuneration and gender pay gap benchmarking for institutions and investment firms, together with a press release. The report covers information on...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

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Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

CDF Labor Law LLP

Federal Court Puts Brakes on Trump-Era DEI Ban for Contractors: What California Employers Need to Know

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Federal courts continue to navigate the Diversity, Equity, and Inclusion (“DEI”) landscape including Executive Orders targeting DEI. In a recent development last week, U.S. District Judge Matthew Kennelly granted a...more

Goodwin

Trump’s Executive Orders on DEI

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Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more

Weintraub Tobin

California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks

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In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about...more

McAfee & Taft

Which laws apply to my out-of-state remote employees?

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While an increasing number of employers have issued mandates or announced their intentions in recent months to require their remote employees to return to the office, it’s safe to assume that some employees may continue to...more

Cole Schotz

New Jersey Issues New Guidance Concerning AI in the Workplace

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Early this year, the New Jersey Office of the Attorney General and Division on Civil Rights (the “DCR”) issued new guidance (the “Guidance”) addressing how the New Jersey Law Against Discrimination (the “LAD”) applies to...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - April 2025

In this issue, we discuss the UK government’s various significant amendments to the Employment Rights Bill; a Court of Appeal ruling that highlights the challenges for employers in balancing competing beliefs in the...more

Zelle  LLP

AI Update: AI Avatar Does NOT, In Fact, Please the Court

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A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an...more

Troutman Pepper Locke

AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — The Good Bot Podcast

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Join Troutman Pepper Locke Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law. In this installment of The Good Bot, Brett Mason is joined by Partners...more

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

Think ADA Recovery Is Limited to Employees With Disabilities? The Seventh Circuit Says Think Again

On April 1, 2025, the Seventh Circuit Court of Appeals clarified the remedies available to nondisabled employees subjected to improper medical examinations or inquiries under the Americans with Disabilities Act (ADA). ...more

Poyner Spruill LLP

Former EEOC Officials Issue Response to Acting Director’s Technical Assistance on DEI Programs

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On March 19, 2025, EEOC Acting Chair, Andrea Lucas, issued a technical assistance document entitled “What You Should Know About DEI-Related Discrimination at Work” ( “ DEI Technical Assistance Document 1”). On the same date,...more

Orrick, Herrington & Sutcliffe LLP

Automated Hiring Tools: Are My Hiring Practices Subject to AI Regulation?

As companies increasingly leverage automated technologies in their recruiting and hiring processes, legislators and regulators are increasingly focused on establishing guardrails to ensure fairness. As a result, companies...more

Nelson Mullins Riley & Scarborough LLP

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's...more

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

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A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more

Burr & Forman

Pregnant Workers Fairness Act (PWFA) Update

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Join John Connell and Natalie Phillips as they discuss the recent legal challenges to the PWFA and discuss potential outcomes. They will also revisit the PWFA as it currently stands and provide an overview of what employers...more

Parker Poe Adams & Bernstein LLP

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more

Berkshire

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

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In the ongoing public discussion about the implications of President Trump’s Executive Order 14173 a new “open letter” was issued this week from ten former OFCCP officials. The former officials offer their views about the...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

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Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

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

Democratic Lawmakers Urge U.S. Department of Labor to Abandon Proposal to Dismantle OFCCP

On April 11, 2025, a group of forty Democratic lawmakers sent a letter to U.S. Secretary of Labor Lori Chavez-DeRemer urging her to “abandon plans to dismantle [the Office of Federal Contract Compliance Programs] and reaffirm...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Fenwick & West LLP

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

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On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Greenbaum, Rowe, Smith & Davis LLP

With DEI Initiatives Under Review, Employers Must Still Comply with Federal and State Anti-Discrimination Laws

In the aftermath of the Trump Administration’s actions regarding Diversity, Equity and Inclusion (DEI) and the issuance of several Executive Orders related to DEI initiatives, it is important for employers to be mindful of...more

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