Discrimination

Expert Analysis

• 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.

• Tips For Defending Employee Plaintiff Depositions

  Excerpt from Practical Guidance

  

  A plaintiff cannot win their employment case through a good deposition, but they can certainly lose it with a bad one, so an attorney should take steps to make sure the plaintiff does as little damage as possible to their claim, says Preston Satchell at LexisNexis.

• Water Cooler Talk: Whistleblowing Insights From 'Dahmer'

  

  Tracey Diamond and Evan Gibbs at Troutman Pepper chat with DS Smith's Josh Burnette about how the show "Dahmer – Monster: The Jeffrey Dahmer Story" provides an extreme example of the perils of ignoring repeat complaints — a lesson employers could apply in the whistleblower context.

• Job Reassignment Case Shows Need For Clear ADA Policies

  

  The Fifth Circuit's recent holding in U.S. Equal Employment Opportunity Commission v. Methodist Hospitals that a disabled employee was not entitled to a job reassignment as a reasonable accommodation underscores the importance of implementing detailed Americans with Disabilities Act policies and educating employees on them, says Marcellus Chamberlain at Phelps Dunbar.

• 10 Ways NYC AI Discrimination Rules May Affect Employers

  

  Continuing the most comprehensive effort to regulate employers' use of artificial intelligence technology in the United States, New York City's recent rules to implement Local Law 144 make a number of noteworthy changes that may restrict companies from using automated employment decision tools, say attorneys at Gibson Dunn.

• AI For Advancing Diversity In The Workplace: Friend Or Foe?

  

  In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

• Handbook Hot Topics: Attendance Policies

  

  Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

• What Employers Should Know About Proposed Calif. AI Regs

  

  Recently proposed California regulations aim to hold employers and agencies liable for disparate treatment arising from automated-decision systems, and there are five things employers should look out for, say attorneys at Gibson Dunn.

• Beware The Legal Risks Of Personality Tests In Hiring

  

  The rise of remote work has led employers to increasingly use personality tests to evaluate candidates, but hiring teams must exercise caution to avoid liability, as such tests may be discriminatory, or in violation of certain civil rights, state or local laws, says Daniel Schwartz at Shipman & Goodwin.

• New Ruling Shows Benefits Of HR-Only Harassment Policies

  

  By recently ruling that Penguin Random House did not unlawfully retaliate by demoting a supervisor who failed to promptly report sexual harassment allegations to human resources, the Seventh Circuit provides welcome support to companies that want managers to go straight to HR instead of investigating employee complaints on their own, says Robin Shea at Constangy Brooks.