Discrimination

Expert Analysis

• Cos. Should Plan To Protect DEI Before Supreme Court Ruling

  

  With the U.S. Supreme Court apparently poised to reject affirmative action in education with its pending decisions in Students for Fair Admissions v. Harvard and SFFA v. University of North Carolina, employers should begin preparing their response to the likely ensuing challenges to corporate diversity programs, says Keisha-Ann Gray at Proskauer.

• Water Cooler Talk: Bias Lessons From 'Partner Track'

  

  Tracey Diamond and Evan Gibbs at Troutman Pepper chat with CyberRisk Alliance's Ying Wong, about how Netflix's show "Partner Track" tackles conscious and unconscious bias at law firms, and offer some key observations for employers and their human resources departments on avoiding these biases.

• Accommodating Disabled Employees Is Rarely A Hardship

  

  Since tools for granting disabled employees' reasonable accommodation requests are readily available and affordable — as illustrated by a recent U.S. Department of Labor Office of Disability Employment Policy report — it should be much harder for employers to prove undue hardship in granting these requests, says Kamran Shahabi at Valiant Law.

• Minimizing Discrimination Risks In Export Control Compliance

  

  A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.

• Employers Need Clarity On FLSA Joint Employer Liability

  

  A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.

• Prepare For Federal Agency Scrutiny On AI Discrimination

  

  A recent joint statement highlights several federal regulatory agencies' intent to scrutinize organizations' use of artificial intelligence technology under their existing mandates, so companies that build or use such systems should carefully ensure legal compliance to avoid potential bias and discrimination issues, say Tara Emory, Mike Kearney and Nick Snavely at Redgrave.

• Employee Termination Lessons After 4th Circ. Bias Case

  

  A Fourth Circuit panel's recent dismissal of discrimination and retaliation claims in Lashley v. Spartanburg Methodist College provides insights for employers on how to handle terminations, particularly when performance concerns and medical history are involved, says Heidi Siegmund at McGuireWoods.

• Tips On Workplace DEI Efforts In A Changing Legal Landscape

  

  Amid years of political debates about diversity, equity, inclusion and accessibility efforts in the workplace, and increased state legislation in this area, employers can still explore ways to engage in DEIA training and initiatives without creating unnecessary legal risks, say attorneys at Husch Blackwell.

• Changes To Note In Revised NY Sex Harassment Model Policy

  

  The New York State Department of Labor's recent revision of its sexual harassment model policy shows continued focus on diminishing workplace sexual harassment, and employers should consider whether their current policies need updated language about harassment, discrimination, retaliation and more, say Anna McCarthy and Edward Steve at Harter Secrest.

• Eye On Compliance: Joint Employment

  

  Madonna Herman at Wilson Elser breaks down the key job conditions that led to a recent National Labor Relations Board finding of joint employment, and explains the similar standard established under California case law — providing a guide for companies that want to minimize liability when relying on temporary and contract workers.

• 9th Circ. Contractor Vax Ruling Widens Presidential Authority

  

  In reversing an injunction against President Joe Biden's federal contractor vaccine mandate, the Ninth Circuit creates a circuit split on presidential authority, and breathes new life into the administration's attempts to implement government contract policies that are unlikely to pass in Congress, says Richard Arnholt at Bass Berry.

• Consistency Is Key To Employer Accommodation Defenses

  

  Amid the U.S. Equal Employment Opportunity Commission's two new Americans with Disabilities Act lawsuits against Walmart, and the big-box store's win in a similar case last year, employers should note that consistent application of leave and absence policies can foster stronger defenses in reasonable accommodation disputes, says Rachel Schaller at Taft Stettinius.

• Expect The Patchwork Of AI Regulation To Grow

  

  Given the unlikelihood of meaningful federal artificial intelligence legislation in the immediate future, the patchwork of state AI regulation will likely continue to grow, bringing at least two main risks for companies in the AI space, say attorneys at Jenner & Block.