By Rob Whitman, Elliot Fink, and Paxton Moore

Seyfarth Synopsis: New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be based physically in the State or City.

In the opinion, the court

Continue Reading NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

By Alex J. Reganata and Barry J. Miller

Seyfarth Synopsis: Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the workforce to reflect a different racial and gender makeup. The Fourth

Continue Reading White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive Damage Award

By: Christine M. Costantino, Taylor Iaculla, and Andrew Scroggins

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in

Continue Reading Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

By Nicolas A. Lussier and Nicholas H. De Baun

Seyfarth Synopsis: Effective November 26, 2023, a significant amendment to New York City’s Human Rights Law (NYCHRL) prohibits discrimination based on height and weight. This development aligns the city with a growing trend of jurisdictions, including Michigan and cities of Binghamton, New York; Madison, Wisconsin; and San Francisco, California, focusedon combating

Continue Reading Understanding New York City’s Height and Weight Discrimination Law: Essential Insights for Employers

By Christopher KelleherRachel SeeChristopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By  Linda C. Schoonmaker and Darien Harris

Seyfarth Synopsis:  Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent regarding the definition of an “adverse employment action” is simply incompatible with the text of Title VII. Hamilton v. Dallas County. What follows

Continue Reading The Fifth Circuit Has Broadened Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?

By Lorraine O’Hara

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities:  How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law.  Increasingly, other states have passed their own progressive employment statutes, warranting their own discussion.  Colorado is one of these states. Discussed below are two Colorado statutes that were

Continue Reading Colorado Peculiarities

By Julia Tape and Linda C. Schoonmaker,

Seyfarth Synopsis: In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the Fifth Circuit endorsed for-profit employers integrating their religious beliefs into their employment policies to apply the Religious Freedom Restoration Act of 1993 (RFRA) as a shield from complying with the prohibitions against sex discrimination under Title VII of the

Continue Reading The Fifth Circuit Recognizes a “Super Statute” for Religious For-Profit Employers

By Julia Tape, Linda C. Schoonmaker, and Elizabeth L. Humphrey

Seyfarth Synopsis: Natural hairstyles have become increasingly popular among Black Americans of both sexes. Despite their popularity, these hairstyles have been overregulated frequently in the workplace. To address this concern, Texas recently joined the ranks of twenty-one other states in passing the CROWN Act, which prohibits employers from discriminating

Continue Reading Texas Joins Growing Number of States to Ban Natural Hair Discrimination

By Karla Grossenbacher

Seyfarth Synopsis:  On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits businesses in Florida from discriminating in any way against a person based on vaccination status and from requiring face masks

Continue Reading Florida Governor Signs into Law Sweeping Bill that Prohibits Businesses from Discriminating Based on Vaccination Status or from Requiring Face Masks and COVID-19 Tests