Discrimination

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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

By Janine E. Raduechel and Josh A. Rodine

Seyfarth Synopsis: A California Court of Appeal ruled that both the Fair Employment and Housing ACT (FEHA) and California’s Pregnancy Disability Leave law (PDL) require a plaintiff to prove that the plaintiff had a condition related to pregnancy and, with a reasonable accommodation, the plaintiff could have performed the essential functions of…

Continue Reading California Appellate Court Clarifies Elements of Pregnancy Discrimination Claims

By Grayson Moronta and Courtney Stieber

Seyfarth Synopsis: On February 27th, 2023, the Second Circuit Court of Appeals (Second Circuit) issued its decision in Slattery v. Hochul, holding that Evergreen Association, Inc., a non-profit organization can challenge New York state officials in a suit seeking to enjoin enforcement of New York Labor Law 203-e. New York Labor Law…

Continue Reading Firing the Boss: Second Circuit Holds New York’s “Boss Bill” Unconstitutionally Interferes with Employer’s First Amendment Expressive Association Rights

By Grayson Moronta, Brandon L. Dixon, and Robert T. Szyba

Seyfarth Synopsis: Minnesota becomes the latest of a growing number of states to enact CROWN Act legislation, which prohibits discrimination on the basis of hair textures and hairstyles. Its enactment expands Minnesota employers’ responsibilities under the state’s anti-discrimination laws and reminds employers nationwide to reevaluate their own…

Continue Reading Minnesota Joins Growing List of States to Ban Race-Based Hair Discrimination, as New CROWN Act Becomes Law

By Linda Schoonmaker and Kyle Winnick

Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing.  This case highlights the importance for employers to have effective harassment policies and procedures in place.

Acting promptly to remedy discrimination in the workplace is not just…

Continue Reading Prompt Remedial Action Saves the Day for This Employer
By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey

About the Progam
A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes
… Continue Reading Where We Came From and Where We’re Going: What Does 2023 Have in Store for Labor & Employment Laws?
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By Minh N. Vu

Seyfarth Synopsis:  UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with disabilities within three years and adopt comprehensive policies and procedures to ensure accessible online content.

After eight years, the U.S. Department…

Continue Reading UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content 

By Rachel A. Duboff and Erin Dougherty Foley

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.

The Eighth Circuit’s recent opinion in Banford v. Board of Regents of UM affirms the steps required to prove a discrimination claim. Plaintiff…
Continue Reading The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions