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Supreme Court Ruling Raises Questions About Workplace DEI Efforts
The U.S. Supreme Court’s decision against using race as a factor in college admissions doesn’t directly affect employers, but it’s sparking worries about a backlash aimed at efforts to increase...
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Here’s Why Coming to the Office May No Longer Be Deemed an ‘Essential Job...
Before March 2020, courts frequently rejected claims by workers who said they should be allowed to work from home as an accommodation for a disability. Judges routinely concluded that on-site...
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Going Beyond Mandates to Prevent LGBTQIA+-Related Discrimination and Harassment
According to the Center for American Progress’s 2022 Survey, half of LGBTQIA+ adults reported experiencing some form of workplace discrimination or harassment in the past year because of their sexual...
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Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.”...
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Planning for Workforce Reductions in an Age of Inflation
With inflationary pressures and lingering fears of a recession, 2023 has seen layoffs in nearly every sector of the economy. But layoffs have their own price tag, which often includes severance...
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What to Expect from the EEOC in 2024
In 2023, the Equal Employment Opportunity Commission (EEOC) finally received its full slate of commissioners with three Democrats (Chair Charlotte Burrows, Vice Chair Jocelyn Samuels, and Commissioner...
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Artificial Intelligence Use Continues to Rise in Employment
As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment...
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Artificial Intelligence Use Continues to Rise in Employment
As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment...
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Should Diversity, Equity and Inclusion Policies Vanish After Landmark Supreme...
Last June, the United States Supreme Court held in Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll that affirmative action policies at universities violate the...
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EEOC’s Pregnancy Accommodation Regulations Are Broader Than You Think
Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a...
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Answers to Questions About Upcoming EEO-1 Reporting
It’s that time of year again! No, we’re not referring to spring. On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open its portal for filing 2023 EEO-1 data. The...
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New EEOC General Counsel Calls Bias Damages Caps ‘Unacceptable’
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws...
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Remember Your Obligations When Religion and DEI Training Collide
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included...
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EEOC Issues Final Harassment Guidance
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most...
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Employer in Deep Sheetz Over Criminal History Check
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s (EEOC) intention to challenge how employers use arrest and conviction records to make hiring...
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17 State Attorney Generals Sue to Stop EEOC’s Final PWFA Regulations
On April 25, 2024, attorneys general from 17 states filed a lawsuit in federal court against the Equal Employment Opportunity Commission (EEOC) seeking to stop the implementation of the Pregnant...
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Excited About the Potential of AI? Don’t Forget Legal Compliance
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the...
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Case Study: Harassment and Discrimination Aren’t Rocket Science
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a...
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EEOC Offers Employers a Hobson’s Choice on Employee Training
Training. Training, training, training. We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a...
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3 Steps Employers Can Take to Promote Pay Equity Through Data and Transparency
Over the last decade, numerous laws have been enacted across the U.S. to advance pay equity and transparency in the workplace. Pay data reporting laws, in particular, have gained significant momentum,...
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