Discrimination

Expert Analysis

• 10 DOL Policy And Enforcement Priorities To Expect In 2022

  

  This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

• Mass. At-Will Termination Gets Complex For Employers

  

  The Massachusetts Supreme Judicial Court's recent decision in Meehan v. Medical Information Technology protects at-will employees from termination when they respond to legitimate performance critiques from supervisors in an intemperate and contentious manner, making a no-brainer firing decision much more fraught, say Christopher Pardo and Elizabeth Sherwood at Hunton.

• Regulation Of AI Hiring Tools Is A Work In Progress

  

  As the U.S. Equal Employment Opportunity Commission works on guidance for the use of artificial intelligence in hiring and states try to fill in the gaps via legislation, employees and applicants continue to lack the necessary awareness to challenge discrimination caused by these technologies, say Christine Webber and Samantha Gerleman at Cohen Milstein.

• Avoiding The Most Common Employee-Termination Mistake

  

  The recent surprising firing of an NFL head coach brings awareness to the importance of the termination process, making it a good time to consider how managers can ensure an employee isn’t blindsided when terminated for performance issues, which reduces the likelihood that the employee will cry foul, says Kenneth Winkler at Berman Fink.

• Employer's Agenda: Toyota Counsel Talks Worker Retention

  

  Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

• What Workplace Class Settlement Trends Mean For 2022

  

  2021 saw the value of workplace class action settlements reach an all-time high, and employers should prepare for an increasingly challenging legal environment in the coming year, with more class litigation and higher settlement demands as a determined plaintiffs bar, a pro-labor White House and an ongoing pandemic pave the way for fresh pressures, say Gerald Maatman and Jennifer Riley at Seyfarth.

• Justices Correctly Used Shadow Docket In OSHA Vax Ruling

  

  The U.S. Supreme Court’s use of the shadow docket to sink the Biden administration’s vaccine mandate for large employers in National Federation of Independent Business v. U.S. Department of Labor was the right procedure given the rule’s time-limited duration — even if the court reached the wrong substantive result, says Peter Fox at Scoolidge Peters.

• What High Court Rulings Mean For Employer Vax Mandates

  

  While the U.S. Supreme Court’s recent opinions on COVID-19 vaccination mandates for private and health care employers offer important guidance on workplace applicability, lower courts’ resolution of the underlying lawsuits could still pose further changes, says Jordann Wilhelm at Radey Law Firm.

• Workplace AI Raises Issues Only Legislators Can Address

  

  The U.S. Equal Employment Opportunity Commission recently announced plans to study the use of AI in hiring decisions, but the trade-off between accuracy and disproportionate outcomes for protected classes can only be addressed by legislatures, not courts or administrative agencies, says Stephen Fink at Holland & Knight.

• Settling Bias Claims: Q&A With Lewis Brisbois' Brian Pete

  Excerpt from Practical Guidance

  

  Lewis Brisbois partner Brian Pete answers questions from Elias Kahn at LexisNexis about trends in executing settlement and severance agreements for employment discrimination, harassment and retaliation claims.

• Recent Bias Suits Against Law Firms And Lessons For 2022

  

  2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

• Top 10 Employer Resolutions For 2022: Part 2

  

  Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy continue their discussion of employer priorities for the new year, including plans to mitigate discrimination claims from remote workers, ensure LGBTQ inclusion, adapt vacation policies and more.

• Top 10 Employer Resolutions For 2022: Part 1

  

  Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy discuss how a constantly changing employment law landscape — especially concerning COVID-19 issues — requires employer flexibility when addressing priorities for the new year.