Discrimination

Expert Analysis

• Tips As 6th Circ. Narrows Employers' Harassment Liability

  

  In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

• How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

  

  With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

• DOJ's New Initiative Puts Title IX Compliance In Spotlight

  

  Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.

• RI Menopause Law Brings New Considerations For Employers

  

  Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

• 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

  

  In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

• DOJ Memo Shifts Interpretation Of Discrimination Laws

  

  While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

• Handbook Hot Topics: State Laws Shape Drug-Testing Policies

  

  With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

• Employer Tips As Memo Broadens Religious Accommodations

  

  A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

• 5th Circ. Ruling Signals Strife For Employers Navigating ADA

  

  While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

• 4th Circ. Clarifies Employer Duties For ADA Accommodations

  

  The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

• Mitigating Employer Liability Risk Under Sex Assault Rule

  

  The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

• 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

  

  In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

• 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

  

  Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.