Discrimination

Expert Analysis

• Employer Best Practices For Navigating Worker Separations

  

  As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.

• Employer Tips For Responding To ICE In The Workplace

  

  Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.

• Handbook Hot Topics: Shifting Worker Accommodation Rules

  

  Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

• Shifting DEI Expectations Put Banks In Legal Crosshairs

  

  The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

• Compliance Tips After Court Axes EEOC's Trans Rights Take

  

  A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

• 5 Insurance Claims That Could Emerge After NCAA Settlement

  

  Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

• 8th Circ. Ruling Highlights Complicated Remote Work Analysis

  

  The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

• Philly Law Initiates New Era Of Worker Protections

  

  A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

• Justices' Ruling Lowers Bar For Reverse Discrimination Suits

  

  The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

• 4 Midyear Employer Actions To Reinforce Compliance

  

  The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

• Proposed State AI Rule Ban Could Alter Employer Compliance

  

  A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.

• What Employers Can Learn From 'Your Friends & Neighbors'

  

  The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.

• Water Cooler Talk: Performance Review Tips From 'Severance'

  

  In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.