discrimination

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By: Samantha L. Brooks and Dawn Reddy Solowey

Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and  Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a religious accommodation request (as plead in a complaint) “involves or even rests” on…

Continue Reading Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19 Vaccine Includes Non-Religious Reasoning

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 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 Rachel V. See

Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST.  The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The…

Continue Reading How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following President Biden’s Executive Order on AI

By Christopher Kelleher, Rachel See, Christopher 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 Adam Rongo and Erin Dougherty Foley

Seyfarth Synopsis: Michigan college loses motion for summary judgment in former instructor’s age discrimination claims because the college provided “shifting justifications” over time for its decision not to interview instructor for a tenure-track position.

On May 5, 2023, U.S. District Judge for the Eastern District of Michigan George Caram Steeh denied Delta College’s…

Continue Reading A Cautionary Tale: Inconsistent Reasoning In Employment Decision Can Lead To Trial