News & Analysis as of

Protected Class Hiring & Firing

Perkins Coie

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

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On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Husch Blackwell LLP

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

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Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more

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

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

White and Williams LLP

[Webinar] Staying Ahead in 2024 - AI's Impact on the Workplace and Tips for Managing a Multi-State Workforce - March 21st, 1:00 pm...

Join us on March 21 for this topical webinar which will examine two of the latest trends facing employers. This session will examine what employers need to know and do as AI continues to impact the workplace, including a...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Troutman Pepper

NYC to Prohibit Employment Discrimination Based on Height and Weight

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Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers? ...more

Parker Poe Adams & Bernstein LLP

Can Employee Affinity Groups Result in Discrimination Claims?

In the wake of the Supreme Court’s Students for Fair Admissions college and university affirmative action decision last month, some employers are questioning the continuing legality of their Diversity, Equity, and Inclusion...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Kelley Drye & Warren LLP

Height and Weight Set to Become Protected Classes in New York City

New York City is poised to become the largest city in the nation to ban discrimination on the basis of a person’s height or weight. Earlier this month, the New York City Council passed Bill INT 0209, new legislation that...more

Sheppard Mullin Richter & Hampton LLP

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

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

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

​​​​​​​On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire. Oregon’s Equal Pay Act prohibits employers from...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

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As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

Jackson Lewis P.C.

North Carolina’s City of Charlotte and Mecklenburg County Adopt Nondiscrimination Ordinances

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Joining a host of communities in North Carolina, the Charlotte City Council has unanimously passed an ordinance to add nondiscrimination protections for sexual orientation, gender identity, gender expression, familial status,...more

Fisher Phillips

Pay Equity Comes to the Ocean State: What Rhode Island Employers Need to Know About New Pay Equity Law

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Rhode Island Governor Daniel McKee recently signed broad new pay equity legislation into law that will require you to change many common workplace practices, slated to take effect on January 1, 2023. While it might seem so...more

Sherman & Howard L.L.C.

Comparators Still Required In Gender-Identity Discrimination Cases

Last week, the Fifth Circuit issued a reminder that although the Supreme Court’s recent landmark decision in Bostock v. Clayton County held that the sex discrimination prohibited under Title VII includes discrimination on the...more

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

Montana Enacts New Law Making Vaccination Status a Protected Class and Limiting Inquiries Into Immunization Status

On May 7, 2021, Montana governor Greg Gianforte signed into law Montana House Bill 702, under which Montana became the first jurisdiction to recognize an individual’s vaccination status as a protected category. The law also...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

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On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Fisher Phillips

Mining MSHA – Discrimination Complaints

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Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Fisher Phillips

3 Steps To Make Sure Your COVID-19 Decisions Don’t Lead To Wrongful Termination Lawsuits

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Employers across the country continue to be challenged with difficult decisions about their workforce in the wake of COVID-19, including decisions about employee layoffs and returning employees to the worksite. As businesses...more

Jackson Lewis P.C.

What Manufacturers Should Know About The EEOC

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The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against an employee or a job applicant based on membership in protected classes. The agency has...more

Rivkin Radler LLP

Federal Court Blocks HHS Rule on Sexual Orientation

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The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Conducting Reductions in Force Post COVID-19

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Labor & Employment partner David Burton outlines key questions that employers should ask themselves prior to conducting a reduction in force, including: “Will my decision have a disparate impact on various protected...more

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