Discrimination

Expert Analysis

• What To Know About NY's Employment Credit Check Ban

  

  An amendment to the New York state Fair Credit Reporting Act prohibiting applicants' or employees' consumer credit history from being used in employment-related decisions statewide will take effect in a few days, so employers should update policies, train teams and audit positions for narrow exemptions, say attorneys at Reed Smith.

• Gender-Expansive Calif. Equal Pay Laws Widen Employer Risk

  

  California's recent amendments to strengthen its Equal Pay Act and Pay Transparency Act aim to shrink the wage gap, not only for women, but also for nonbinary and transgender employees, creating new compliance obligations for employers and increasing their potential exposure, say attorneys at the Jhaveri-Weeks Firm.

• AI Recruiting Suit Shows Old Laws May Implicate New Tools

  

  The Fair Credit Reporting Act allegations recently filed in Kistler v. Eightfold AI, are the latest example of broad definitional language in legacy statutes proving far more dangerous to companies deploying artificial intelligence – particularly in hiring – than any purpose-built artificial intelligence regulation, say attorneys at Ogletree.

• What's Missing From Latest Gov't Claims Against Harvard

  

  The most interesting thing about the Trump administration’s recent civil rights enforcement efforts targeting Harvard University is its decision not to assert violations of the False Claims Act when given the opportunity, despite signals that its enforcement efforts will include use of the federal FCA, say attorneys at Bass Berry.

• Preparing For New Calif. Pay Data Reporting Requirements

  

  California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

• Justices May Hesitate To Limit Courts' Arbitration Review

  

  Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

• Spotlight On Legal Battles Over EEOC Subpoena Powers

  

  Attorneys at Wilson Elser consider the spate of litigation over the past year, spurred by the Equal Employment Opportunity Commission’s focus on alleged religious discrimination at universities, and corporate diversity, equity and inclusion practices, and how it may affect the attempts to assert privacy rights against the agency's broad subpoena powers.

• NFL Hiring Bias Ruling Signals Trend Away From Arbitration

  

  A New York federal court's recent decision in Flores v. NFL, declining to compel arbitration in a class action alleging racial discrimination in the league's hiring practices, reflects courts' increasing reluctance to allow private dispute resolution for systemic discrimination claims, says Masood Ali at Segal McCambridge.

• Flashpoints In Focus: Harassment At Work After Epstein Files

  

  The recent release of millions of documents related to Jeffrey Epstein's sex trafficking scheme has renewed a movement to hold perpetrators of sexual assault and harassment responsible, making it a perfect time for employers to ensure they have a strong system for preventing and addressing workplace harassment, say attorneys at Seyfarth.

• NYC Leave Law Expands Compliance Beyond Written Policies

  

  Following recent amendments to New York City's Earned Safe and Sick Time Act that expand its uses, give employees 32 hours of immediately available time off and create a right to request schedule changes, compliance now turns on whether employees can use time off without facing barriers or discipline, say attorneys at Polsinelli.

• 3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

  

  To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

• How Cos. Should Prepare For NY RAISE Act Compliance

  

  With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards and protocols are in place to prevent or mitigate discriminatory or adverse outcomes by frontier models, says Michael Paulino at Gordon Rees.

• Job Shift Accommodation Ruling Clarifies 'Essential Function'

  

  In Siebrecht v. Mercy Health-Iowa, the Eighth Circuit's recent denial of a disabled worker's shift exemption request shows that the essential function of a job can encompass more than core job requirements and include things like scheduling flexibility, says Kim Kirn at Miles Mediation & Arbitration.