News & Analysis as of

Federal Labor Laws Employer Liability Issues Civil Rights Act

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Franczek P.C.

EEOC Releases Final Rule on Pregnant Worker Protections, Updated Guidance on Worker Harassment

Franczek P.C. on

In April, the U.S. Equal Employment Opportunity Commission (EEOC) released two long-awaited final documents aimed at strengthening worker protections: the final rule implementing the Pregnant Workers Fairness Act (PWFA, or...more

FordHarrison

What Employers Need to Know About the EEOC's New Guidance on Workplace Harassment

FordHarrison on

On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting...more

Stinson LLP

EEOC Releases its Final Rule for the Pregnant Workers Fairness Act Covering a Broad Range of Accommodations

Stinson LLP on

This week the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

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

Beltway Buzz - December 2023 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. Fall 2023 Regulatory Agenda Released....more

Console and Associates, P.C.

Florida Is a Hotspot for Employment Discrimination Claims and Other Employment Lawsuits, According to Recent Report

Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more

Epstein Becker & Green

The EEOC Proposes Significant New Guidance on Workplace Harassment to Replace 30+ Years of Advice

Epstein Becker & Green on

The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance on workplace harassment prohibited under federal law. The new guidance, posted on September 29, 2023, is available for public review...more

Nelson Mullins Riley & Scarborough LLP

Proposed EEOC Harassment in the Workplace Guidance

On Sept. 29, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed updated workplace harassment guidance (the “Proposed EEOC Guidance”) for the first time since 1999.   The Proposed EEOC Guidance, which is...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Epstein Becker & Green

EEOC’s Proposed Regulation for Pregnant Workers Fairness Act Contemplates Abortion-Related Accommodations

Epstein Becker & Green on

The Equal Employment Opportunity Commission (EEOC) recently proposed regulations (the “Proposed Rule”) to implement the Pregnant Workers Fairness Act (PWFA), which requires employers to provide reasonable accommodations for...more

Schwabe, Williamson & Wyatt PC

Exploring the Implications of the 2023 Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (“PWFA”) was passed as part of the December 29, 2022 Consolidated Appropriations Act, a new federal law that went into effect on June 27, 2023. This federal legislation requires covered...more

McAfee & Taft

What to expect (from the Pregnant Workers Fairness Act) when you’re expecting

McAfee & Taft on

Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions.  However, for 45 years, the...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Littler

Littler Lightbulb – April Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2022

Littler on

INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Littler

Littler Lightbulb – January Employment Appellate Roundup

Littler on

At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters.  At issue is...more

Littler

Dear Littler: How Do We Handle Requests for Time Off for Religious Observance?

Littler on

Dear Littler:  We are a retail store with locations across the country.  We are open seven days a week, and our sales staff have rotating shifts to provide coverage throughout the week.  A number of employees in several of...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

Skadden, Arps, Slate, Meagher & Flom LLP

Developing a Diverse Workforce

Issues of racial equality have at times dominated news cycles this year. Against this backdrop, and notwithstanding the other challenges of 2020, many employers are working to meaningfully enhance their approaches to...more

Akerman LLP - HR Defense

Federal Contractors To Be Limited On Criminal Background Checks

Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Orrick - Equal Pay Pulse

No Equal Work Required: Second Circuit Rejects Strict Application of EPA Standard to Title VII Claim

Orrick - Equal Pay Pulse on

The Second Circuit ruled this month in Lenzi v. Systemax, Inc. that “Title VII does not require a showing of unequal pay for equal work.” Drawing a line between the Equal Pay Act (“EPA”) and Title VII, the court held that...more

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