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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

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 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