News & Analysis as of

Job Promotions Corporate Counsel

Constangy, Brooks, Smith & Prophete, LLP

Missouri sues IBM over alleged diversity quotas

State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Constangy, Brooks, Smith & Prophete, LLP

Proving reverse bias: Tough, but not impossible

Two recent court decisions shed some light. Two decisions in reverse discrimination cases came down this week from the U.S. Court of Appeals for the Seventh Circuit. In one case, a three-judge panel found in favor of the...more

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

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more

Jackson Lewis P.C.

Colorado’s Proposed ‘Equal Pay Transparency Rules’ May Affect Employers Nationwide

Jackson Lewis P.C. on

The Colorado Department of Labor and Employment (DLE) has published proposed “Equal Pay Transparency Rules” (EPT Rules), providing details on new affirmative obligations under the state’s Equal Pay for Equal Work Act going...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Littler

New York Releases FAQs on Statewide Salary History Ban

Littler on

Changes to New York state law that prohibit employer inquiries into the salary history of applicants and employees took effect on January 6, 2020.  Recently, the New York Department of Labor released a series of Frequently...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

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For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Seyfarth Shaw LLP

Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions

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Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit when an employer hired a current employee who was facing an...more

Constangy, Brooks, Smith & Prophete, LLP

“Woefully Thin Statistics” Doom Adverse Impact Claim

Patrick White, an attorney in the Cook County (Illinois) Public Defender’s Office, lost his claim that the county’s promotion process had an adverse impact on male attorneys. This judicial finding follows a jury verdict...more

Seyfarth Shaw LLP

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

Parker Poe Adams & Bernstein LLP

Supervisor’s Remarks May Constitute Direct Evidence of Discriminatory Bias

On September 2, 2016, the United States District Court for the District of Maryland (which sits in the Fourth Circuit, along with North Carolina and South Carolina) held that the EEOC can move forward in its case against a...more

Seyfarth Shaw LLP

Court Finds Promotional Tests Violate Title VII

Seyfarth Shaw LLP on

In Bruce Smith, et al. v. City of Boston, Case No. 12-CV-10291 (D. Mass. Nov. 16, 2015), Judge Young of the U.S. District Court for the District of Massachusetts held that the City of Boston Police Department’s (the...more

Zelle  LLP

The Ten Most Important Rules for Employers

Zelle LLP on

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Hinshaw & Culbertson LLP

EEOC Gets Aggressive, Will Start Treating All Sex Orientation Claims as Title VII Discrimination

Once upon a time, there was a plaintiff. This plaintiff had been passed over for a promotion because she was gay, so she sued her employer. When she looked at federal law, however, she found that Title VII did not include...more

Sherman & Howard L.L.C.

Another Mini-Dukes Action Revived

Current and former women employees of Wal-Mart recently won big in the Sixth Circuit in their mini-Dukes discrimination class action. The trial court had ruled that the class action was filed too late, but the court of appeal...more

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