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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on … Continue reading
Posted in Uncategorized
| Tagged ADA, ADEA, Artificial Intelligence, discrimination, Hiring, Recruitment, Title VII
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Parental Leave – It’s Not Just a Women’s Issue
A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as women when it comes … Continue reading
Posted in FMLA, Snell & Wilmer, Title VII
| Tagged Employees, FMLA, Litigation, Massachusetts, Title VII
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII
Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading
Posted in Discrimination, EEOC, Snell & Wilmer
| Tagged SCOTUS, Supreme Court, Title VII
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EEO-1 Deadline: Reporting Wage Information
Pay data reporting is on the way for employers. This is particularly true as momentum around equal pay continues to build. At the federal level, on September 30, 2019, the EEOC is requiring employers to provide additional employment data on … Continue reading
Posted in EEOC, Federal Contractor, Pay
| Tagged EEO, Reporting Requirements, Title VII
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The Customer is Not Always Right: Sex Museums and Harassment
New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons. The plaintiff’s complaint alleges that … Continue reading
Posted in Discrimination, EEOC, Uncategorized
| Tagged Civil Rights, EEOC charge, EEOC Guidance, Harassment, Museum, New York, Sex Museum, Sexual Harassment, Title VII
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Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It
On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged EEOC charge, SCOTUS, Supreme Court, Title VII
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Supreme Court to Consider Whether Title VII Covers LGBT Bias
On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination … Continue reading
Posted in Discrimination, EEOC, Transgender
| Tagged California, Colorado, Gender, Gender Dysphoria, Gender Identity, LGBT, Nevada, Sex Discrimination, Sexual Orientation, Title VII, Utah
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The EEOC Releases Enforcement and Litigation Data for Fiscal Year 2018
Yesterday, the United States Equal Employment Opportunity Commission (“EEOC”) released its Enforcement and Litigation Data for Fiscal Year (“FY”) 2018, which began October 1, 2017 and ended September 30, 2018. According to the data, the EEOC received 76,418 charges of … Continue reading
Posted in Discrimination, EEOC
| Tagged #metoo, discrimination, EEOC charge, Retaliation, Sexual Harassment, Title VII
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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution
If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading
Posted in ADA, Discrimination, Transgender
| Tagged ADAAA, Disability, Gender Dysphoria, Interactive Process, Pennsylvania, Reasonable Accommodation, Title VII, Transexual
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