News & Analysis as of

Protected Class Hiring & Firing Employer Liability Issues

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

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

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

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

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

Fisher Phillips

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

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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

Epstein Becker & Green

New York Employers: Engage in the Interactive Process Before Disciplining Medical Marijuana Users

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Failing a drug test may not kill the buzz for medical marijuana patients in the Empire State.  In contrast to courts in California and other jurisdictions, a New York state court has held that medical marijuana users are...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

Foley & Lardner LLP

Florida Medical Marijuana Users May Soon Become Protected Class Under State Employment Laws

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In 2016, Florida joined the ranks of states that legalized medical marijuana after voters approved a constitutional amendment, which led to the enactment of implementing statutes. Since then, more than three hundred thousand...more

Jackson Lewis P.C.

Is “Cannabis User” The Next Protected Class In California?

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Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity. In 2016, a majority of California...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Proskauer - Law and the Workplace

[Podcast]: Reductions in Force

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force.  Companies that make a business decision to reduce its staffing...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

Foley & Lardner LLP

To Stalk or Not to Stalk . . . That Is the Question – Using Social Media for Applicant Review

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Now more than ever, employers are using social media to screen job applicants. According to a 2018 survey, 70 percent of employers use social media to research candidates. Using social media to research job applicants can...more

Butler Snow LLP

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

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Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

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