Discrimination

Expert Analysis

• Justices' Job Transfer Review Should Hold To Title VII Text

  

  The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

• Employer Tips For Fighting Back Against Explosive Verdicts

  

  Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.

• Handbook Hot Topics: Changing Status Quo In A Union Shop

  

  A recent administrative law decision concerning a dispute between Fortune Media and the NewsGuild of New York is an important reminder to employers with unionized workforces to refrain from making unilateral updates to employee handbooks that will change the terms and conditions of employment, says Jennifer Hataway at Butler Snow.

• What EEOC's 2023 Stats Mean For Future Enforcement

  

  The Equal Employment Opportunity Commission’s unusual burst of spring lawsuits and its new Democratic majority should cue employers and HR personnel to expect EEOC enforcement activity to ramp up to pre-pandemic rates, especially in regions where filings are on the rise and in those areas the agency appears to be targeting, such as workplace discrimination, say Andrew Scroggins and James Nasiri at Seyfarth Shaw.

• Eye On Compliance: A Shift In Religious Accommodation Law

  

  The recent U.S. Supreme Court ruling in Groff v. DeJoy is making it more difficult for employers to deny religious accommodations, and there are three takeaways employers should keep in mind, say William Cook and Matthew High at Wilson Elser.

• Tick Tock: When Punctuality Raises Employee ADA Questions

  

  A recent viral TikTok video — where a user claims they were disrespected by a potential employer when inquiring about accommodations for difficulty with being on time — shows that even in the most seemingly questionable situations, there may be legitimate issues that require Americans with Disabilities Act considerations, says Daniel Pasternak at Squire Patton.

• Tips For Making And Maintaining Employee Resource Groups

  

  Employers should consider creating employee resource groups to create a workplace that can flourish in the new remote work reality, and keep in mind three best practices to avoid potential legal pitfalls and challenges that come with them, say Tyler Paetkau and Catarina Colón at Husch Blackwell.

• Employer Pointers From Tiger Woods' Legal Dispute With Ex

  

  Ex-girlfriend Erica Herman's sexual harassment suit against Tiger Woods, which was recently sent to arbitration, highlights the need for employers to understand their rights and responsibilities around workplace relationships, nondisclosure agreements and arbitration provisions, say Stephanie Reynolds and Sean McKaveney at Fisher Phillips.

• Equinox Bias Verdict Shows Swift Employer Response Is Key

  

  A nearly $11.3 million jury verdict against Equinox in New York federal court shows just how high the stakes are for employers dealing with harassment and discrimination in the workplace, and how important consistent investigation and discipline are when responding to individual internal complaints, says Jennifer Huelskamp at Porter Wright.

• A Midyear Review Of EEOC's Gender-Related Priorities

  

  The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

• Employer Drug-Testing Policies Must Evolve With State Law

  

  As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

• Insurance Implications Of High Court Affirmative Action Ruling

  

  The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

• 4 Strategies To Counter Antisemitism In The Workplace

  

  With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.