by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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In a ruling with significant implications for suits challenging diversity, equity, and inclusion (DEI) and other similar programs, the U.S. Supreme Court ruled on April 17 that Title VII of the Civil Rights Act of 1964...
Two federal district courts have held the U.S. Department of Justice’s (DOJ) administrative law courts—which enforce the laws prohibiting discrimination against work-authorized immigrants—are unconstitutional. In March...
On Monday, April 15, the Equal Employment Opportunity Commission (EEOC) issued its final Pregnant Workers Fairness Act (PWFA) regulations, which were published in the Federal Register on April 19 and will become...
On March 29, 2024, the Office of Management and Budget (OMB) published revisions to federal data that covered entities must collect on race and ethnicity. Principally, the new revisions would add Middle Eastern and North...
As we finish the first quarter of 2024, Congress and the Biden administration continue to focus on regulating artificial intelligence (AI). Despite that attention, however, no comprehensive legislation or regulations...
On March 25, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced it would open the federal contractor portal for covered contractor certification on April 1. Current contractors must certify their...
Q We loaned an at-will employee money as an advance, and they signed a repayment agreement that said if their employment ended before the loan was fully repaid, the remaining balance would be deducted from their final...
A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023...
Not so long ago, the adage “seeing is believing” could be trusted, but those days are gone. Armed with always-advancing technology, bad actors are now able to create extraordinarily convincing images, videos, audios, and...
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can be...
As of this writing, some weeks have passed since the Office of Management and Budget (OMB) approved the Department of Labor’s (DOL) long-awaited overtime regulations. There’s just one thing: Nothing has been published...
Workplace romances and relationships are common—no doubt because of how much time employees spend at work. Employers must be prepared to handle romantic relationships in the workplace and have the tools in place to...
Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming...
Q We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended time off until specific medical restrictions can be determined...
The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look. FMLA fact sheets First, the...
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