News & Analysis as of

Employment Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Unreasonable Delays and IMEs: The Fifth Circuit Provides Guidance on Reasonable Accommodations Under the ADA

A recent case from the U.S. Court of Appeals for the Fifth Circuit offers insights on several interesting aspects of claims under the Americans with Disabilities Act (ADA), including the impact of an extended delay in the...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – June 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. 1. In Prähl and Ors v Lapinski, the Employment Appeal Tribunal (the “EAT”) upheld an...more

DCI Consulting

Open Letter to Contractors in Response to OFCCP's Info Request

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On Friday, June 27th, Office of Federal Contract Compliance Programs (OFCCP) Director Catherine Eschbach sent a letter to federal contractors asking them to voluntarily submit information to the agency explaining their...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP invites contractors to disclose efforts to wrap up EO 11246 compliance

File under “thanks, but no thanks.” In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

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Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

Fisher Phillips

Senate Advances State AI Law Pause Proposal, Now Cut to 5 Years – What’s Next?

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We’re now one step closer to the nation’s first-ever comprehensive federal AI regulation after Senate leaders just agreed to several key compromises to a proposal that would block states from receiving key federal funding if...more

Poyner Spruill LLP

U.S. Supreme Court Update: Recent Employment Law Decision

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On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services...more

Bodman

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

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In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

K&L Gates LLP

Pared Back Version of the Texas Responsible Artificial Intelligence Governance Act Signed Into Law

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On 22 June 2025, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA) (HB 149) was signed into law by Governor Greg Abbott. TRAIGA takes effect on 1 January 2026....more

Littler

OFCCP Director Invites Federal Contractors to Voluntarily Submit Information

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On June 27, 2025, federal government contractors received an email from OFCCP Director Catherine Eschbach offering them the “opportunity” to “provide information about their efforts to wind down compliance with the [Executive...more

Seyfarth Shaw LLP

OFCCP Issues Invitation to Voluntarily Report Efforts to Comply with Executive Order 14173

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Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, “Ending Illegal Discrimination and...more

Jackson Lewis P.C.

OFCCP Invites Voluntary Disclosures from Federal Contractors Regarding Executive Order 14173

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In a letter dated June 27, 2025, sent to federal contractors and posted on its website, the Office of Federal Contract Compliance Programs (OFCCP) announced it is providing federal contractors the option to voluntarily submit...more

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

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Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Cranfill Sumner LLP

Supreme Court Unanimously Rejects “Background Circumstances” Requirement for “Reverse Discrimination” Claims

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The U.S. Supreme Court unanimously held on June 5, 2025, that majority group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of...more

Akerman LLP - HR Defense

Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs

At a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate...more

Ballard Spahr LLP

No Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA...

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Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision....more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

Parker Poe Adams & Bernstein LLP

California Bill Would Limit Use of AI and Personality Testing in Workplace

California often acts as the nation’s laboratory for employment laws that are eventually adopted by other states or even the federal government. Earlier this month, the California Senate passed a measure that would sharply...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says ADA Does Not Cover Retiree's Benefits

Last week in a 7-2 decision, the U.S. Supreme Court held that Title I of the Americans with Disabilities Act does not apply to claims by a former employee that changes to her retiree medical benefits discriminated against her...more

Bricker Graydon LLP

Where’s the Fire - Are Former Employees Covered Under the ADA?

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In Stanley v. City of Sanford (June 20, 2025), the United States Supreme Court considered whether the Americans with Disabilities Act (ADA) protects former employees against disability discrimination with respect to...more

Mandelbaum Barrett PC

The U.S. Supreme Court Makes It Easier for Employees in the Majority to Prove Reverse Discrimination Under Title VII

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The United States Supreme Court on June 5, 2025, in a rare unanimous decision, overturned a decision from the Sixth Circuit Court of Appeals that required a plaintiff, a heterosexual, to have evidence as part of her proofs to...more

Constangy, Brooks, Smith & Prophete, LLP

Social media tip for employers: SHUT UP!

In 2022, a company’s Chief Technical Officer started making internal complaints about alleged sex discrimination and retaliation at his place of employment and advocating for some female executives who were allegedly not...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

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Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

Whiteford

Employment Law Update: U.S. Supreme Court Ends Double Standard: All Employees Get Equal Protection in Title VII Discrimination...

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On June 5, 2025, in a unanimous and highly anticipated decision, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, No. 23-1039, clarified a critical point in employment law: all employees—regardless of...more

Kelley Drye & Warren LLP

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling...more

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