Discrimination

Expert Analysis

• Preparing For An Era Of Regulated Artificial Intelligence

  

  In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

• Water Cooler Talk: Trade Secret Lessons From 'Severance'

  

  In light of the recently enacted Protecting American Intellectual Property Act, attorneys at Troutman Pepper chat with Tangibly CEO Tim Londergan about trade secret protection as it relates to the show “Severance,” which involves employees whose minds are surgically divided between their home and work lives.

• The 7th Circ.'s Top 10 Civil Opinions Of 2022

  

  Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2022, and explain how they may affect issues related to antitrust, the False Claims Act,​ ​federal jurisdiction and more.

• 5 Recruiting Trends Shaping Employment Law's New Frontier

  

  As remote recruiting comes under more legal scrutiny at the state and local level, U.S. employers should mitigate risk by practicing pay transparency, developing compliant background check processes, training managers on proper data storage, and more, say Jessica Shpall Rosen and Kevin Doherty at Greenwald Doherty.

• What We Learned From 2022's Top FCRA Developments

  

  Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

• Insights On New Protections For Pregnant, Nursing Workers

  

  Amy Epstein Gluck at FisherBroyles discusses how the recently enacted Pregnant Workers Fairness and PUMP Acts build on protections for pregnant and nursing workers that are not provided by existing anti-discrimination laws, and explains next steps for employer compliance.

• NY Adult Survivors Act Look-Back: What Orgs Must Know

  

  With the look-back window for New York's Adult Survivors Act now open, survivors of past sexual abuse have a new opportunity to file civil claims — so organizations that could face litigation should take specific steps to ensure best practices both before and after lawsuits arise, say Michael Appelbaum and Christina Holdsworth at Goldberg Segalla.

• How To Navigate New State Pay Transparency Laws In 2023

  

  A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

• Key Calif. Law Changes Employers Should Know This Year

  

  With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

• The Top FMLA And ADA Lessons Of 2022: Part 2

  

  Attorneys at Dechert dissect several significant Americans with Disabilities Act decisions handed down by U.S. circuit courts in 2022 to clarify when employers are obliged to provide reasonable accommodations and offer tips for staying compliant with recent interpretations of the ADA.

• The Top FMLA And ADA Lessons Of 2022: Part 1

  

  Attorneys at Dechert review lessons from the biggest Family and Medical Leave Act and Americans with Disabilities Act opinions of 2022 to help employers develop clear employee call-in policies, determine remote worker FMLA eligibility and tackle fraudulent use of leave while staying compliant with these complicated statutes.

• What Employers Must Know About Speak Out Act Compliance

  

  The recently enacted Speak Out Act prohibits predispute employment contracts from including nondisclosure and nondisparagement clauses related to sexual harassment and assault, so employers may want to check their agreements for overly broad language, as well as compliance with more-expansive state laws, says Joe Hatley at Spencer Fane.

• Top 10 Employer Resolutions For 2023

  

  A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.