News & Analysis as of

Employment Discrimination Employee Rights

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

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

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

Burr & Forman

Pregnant Workers Fairness Act (PWFA) Update

Burr & Forman on

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

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

Offit Kurman

Does Your Dress Code Discriminate? What Employers Need to Know

Offit Kurman on

In the ever-evolving landscape of workplace discrimination laws, savvy employers are reexamining longstanding policies—including those that may not seem controversial at first glance. One of the most commonly overlooked (yet...more

Vorys, Sater, Seymour and Pease LLP

Strategies for Ensuring Effective Workplace Investigations

Employers are often faced with complaints of harassment, discrimination, retaliation, and other kinds of misconduct. While no two investigations are identical, specific strategies exist to help conduct effective workplace...more

Jackson Lewis P.C.

Potential Unlawful Conduct + Employment Decisions: Wisconsin Court Redefines Arrest Record Discrimination

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The Wisconsin Supreme Court has clarified that non-criminal, municipal citations are covered by the prohibition on arrest record discrimination under the Wisconsin Fair Employment Act (WFEA). The court also narrowed the...more

Ballard Spahr LLP

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota...

Ballard Spahr LLP on

A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in...more

Poyner Spruill LLP

Proposed North Carolina Anti-DEI Law Matches Federal Initiatives

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Amongst the flurry of recent executive orders targeting the use of diversity, equity, and inclusion (“DEI”) policies and programs under the federal government, it is easy to miss similar initiatives at the state and local...more

Littler

Wisconsin Supreme Court Tackles Thorny Contours of Arrest Record Discrimination

Littler on

In a recent case, Oconomowoc Area School District v. Cota, the Wisconsin Supreme Court examined the definition of “arrest record” and the circumstances under which employers may lawfully consider arrest records in making...more

McNees Wallace & Nurick LLC

Understanding the EEOC’s Guidance on DEI-Related Discrimination in the Workplace

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.”  The document is comprised of a...more

Constangy, Brooks, Smith & Prophete, LLP

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

Whiteford

Employment Law Update: DEI Injunction Lifted and EEOC Issues DEI Guidance Documents

Whiteford on

The Fourth Circuit Court of Appeals has lifted a nationwide injunction on the Diversity, Equity, and Inclusion (DEI) Executive Orders issued by President Trump in January 2025. This means the DEI Executive Orders can and will...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Saul Ewing LLP

Second Circuit Holds ADA May Require Accommodation Even If Employee Can Perform Job Functions Without One

Saul Ewing LLP on

On March 25, 2025, the Second Circuit clarified the Americans with Disabilities Act (ADA) standard on reasonable accommodations. Specifically, in Tudor v. Whitehall Central School District, the court held that an employee may...more

Woods Rogers

Pay Equity Audits: It’s Time to Put Your Money Where Your Mouth Is

Woods Rogers on

Despite a growing patchwork of pay transparency laws, the gender pay gap in the United States remains mostly stagnant. The Equal Pay Act of 1963 (EPA), enacted as an amendment to the Fair Labor Standards Act, prohibits...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Clarifies Standard for Reasonable Accommodation Requests Under the ADA

The Second Circuit's decision in Tudor v. Whitehall Central School District is a significant ruling that clarifies the standard for reasonable accommodation requests under the Americans with Disabilities Act (ADA). This...more

Mintz

[Podcast] Practical Policies: Discerning DEI Discrimination

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In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and...more

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

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Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...more

Ervin Cohen & Jessup LLP

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more

Foley & Lardner LLP

Appeals Court Says Disability Not Required in Order to Recover Back Pay for Violation of ADA’s Medical Inquiry and Examination...

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Most employers are aware that, under the Americans with Disabilities Act (ADA), disability-related inquiries and medical examinations of employees may only be required when such inquiries and examinations are “job-related and...more

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