Discrimination

Expert Analysis

• What Employers Should Note In 6th Circ. Age Bias Ruling

  

  The Sixth Circuit’s recent decision in Sloat v. Hewlett-Packard, holding that a jury should decide whether a former employee’s termination was motivated by age discrimination, includes several important lessons for employers with regard to influenced decision makers, as well as email and pretextual evidence, says Cayman Caven at Burr & Forman.

• 10 Developments That Shaped Employment Law In 2021

  

  Attorneys at Proskauer count down 10 of the most influential employment law developments of the year, each of which is profoundly affecting employers' risk calculations and workplace practices with their employees, with California becoming an even more challenging jurisdiction.

• Courts Must Recognize Title VII 'Terms And Conditions' Claims

  

  For too long, courts have narrowly interpreted Title VII by categorically dismissing claims of discrimination in terms, conditions and privileges of employment, but recent cases have produced hopeful momentum toward changing the long-standing, extratextual doctrines that have failed to enforce the statute's promise to eradicate workplace discrimination, says Carolyn Wheeler at Katz Marshall.

• Employer Retaliation Refresher In Light Of EEOC Virus Update

  

  A recent update to the U.S. Equal Employment Opportunity Commission’s COVID-19 technical guidance clarifies that anti-retaliation principles apply to pandemic-related discrimination complaints, presenting employers with an opportunity to reprise some fundamental risk management practices, says Kenny Broodo at Foley & Lardner.

• Employer Best Practices For Biometrics Compliance: Part 2

  Excerpt from Practical Guidance

  

  Attorneys at Hunton outline the major court rulings affecting companies’ use of employee biometric information as well as proposed legislation in this arena, and provide guidance on audits, third-party agreements, training and more.

• Employer Best Practices For Biometrics Compliance: Part 1

  Excerpt from Practical Guidance

  

  As the legal landscape shifts around technology that allows companies to collect their employees' biometric information for purposes like timekeeping and security, employers must understand their obligations under state and federal law regarding consent, retention and more, say attorneys at Hunton.

• Cannabis Ruling Guides Pa. Employers On Bias Claims

  

  A Pennsylvania federal court’s recent decision in Reynolds v. Willert Manufacturing exemplifies how employers may overcome workers’ discrimination claims under the state’s Medical Marijuana Act, but companies should pay close attention to compliance as more cities and states bar preemployment cannabis testing, say Ruth Rauls and Matthew Smith at Saul Ewing.

• 9th Circ. Jurisdiction Ruling Guides On Class Action Strategy

  

  The Ninth Circuit's recent decision revoking class certification in Moser v. Benefytt punted on personal jurisdiction questions left by the U.S. Supreme Court’s Bristol-Myers decision, but provides some guidance on how to raise jurisdictional defenses in nationwide class actions, say attorneys at Dechert.

• What Employers Should Know About Title VII Carveout Ruling

  

  Despite a recent Texas federal court decision in Bear Creek v. U.S. Equal Employment Opportunity Commission granting a religious exception to LGBTQ workers' Title VII rights, the odds of a flood of similar defenses are slim, and employers should take heed that arguing for religious exceptions remains an expensive gamble, say Heather Sherrod and Shauna Clark at Norton Rose.

• 5 Tips For Navigating The Vax-Or-Test Mandate

  

  To help implement the long-awaited, but potentially fluid, COVID-19 emergency temporary standard detailing the federal vaccine-or-testing mandate, big employers should consider a series of strategies that balance flexibility with preparedness, say attorneys at Greenwald Doherty.

• Case Law, EEOC Guidance Bolster Employer Vax Mandates

  

  Despite legal and logistical challenges presented by employees not vaccinated against COVID-19, recently updated guidance from the U.S. Equal Employment Opportunity Commission, as well as court decisions skeptical of workers’ efforts to avoid inoculation, provide ample support for companies that choose to issue mandates, say Sarah Turner and Robert Gillette at Gordon Rees.

• NFL Should Have Monitored Emails To Prevent Hate Speech

  

  The National Football League, now facing the fallout from recent reports that power brokers used hate speech in emails going back decades, should have taken proactive steps to monitor and police workplace communications, because all employers must weed out such discriminatory behavior — starting at the top, says Arash Homampour at the Homampour Law Firm.

• Employer Lessons From Facebook's Anti-US Bias Settlement

  

  After Facebook’s recent record-setting settlement with the U.S. Departments of Justice and Labor addressing allegations of hiring discrimination that favored visa holders over U.S. workers, employers that process permanent labor certifications should review their recruitment methods for potential Immigration and Nationality Act liability, say attorneys at Faegre Drinker.