Discrimination

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII) needs to show they suffered “some harm” under the terms of their employment, but the harm need not be “material,” “substantial,” or “serious.”… Continue Reading

On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action.

Previously, an adverse employment action for Title VII discrimination claims consisted of an “ultimate employment decision” such as “hiring, granting leave, discharging, promoting, and compensation.”… Continue Reading

On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The unanimous Court held that, under Title VII, an employer is required to accommodate an employee’s religious beliefs unless doing so would result in substantial increased costs in relation to the conduct of its particular business.… Continue Reading

The United States Department of Labor (DOL) recently issued a Field Assistance Bulletin (found here) providing guidance to field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). We previously summarized the requirements of the PUMP Act in our alert here.

The Field Assistance Bulletin provides detailed guidance on the PUMP Act and includes information and examples as to what employers must do to comply with the new law.… Continue Reading

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias arising from the use of artificial intelligence (AI).  The agencies joining the EEOC in the April 25, 2023, statement include the Consumer Financial Protection Bureau (CFPB), the Department of Justice’s Civil Rights Division (Division), and the Federal Trade Commission (FTC).  … Continue Reading

On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) because the former employee’s amended lawsuit included plausible sexual harassment claims. … Continue Reading

The United States Court of Appeals for the Fourth Circuit ruled that a disabled Florida resident has standing to sue a Maryland hotel under the Americans with Disabilities Act (“ADA”), despite that Florida resident (the  “plaintiff” ) never intending to stay at the hotel.

In Laufer v. Naranda Hotels, LLC,the plaintiff alleged that Naranda Hotels, LLC (“Naranda”) violated Title III of the ADA because a third-party hotel reservation website did not provide sufficient information regarding the accessibility of Naranda’s hotel rooms.… Continue Reading

On December 29, 2022, as part of the Fiscal Year 2023 Omnibus Spending Bill, President Biden signed into law two pieces of legislation that will benefit pregnancy and nursing mothers – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). … Continue Reading

Last week, the Pennsylvania Human Relations Commission ordered, and the state Independent Regulatory Review Commission approved, safeguards against discrimination for LGBTQ individuals and individuals with traditionally Black hairstyles and textures. Specifically, the regulation expands protections in employment, housing, and public accommodations.

The regulation is consistent with recent Supreme Court and other federal case law holding the term “sex” includes protection based on one’s gender identity and sexual orientation, including being perceived, presumed, or identified by others as having such an affectional or sexual orientation.… Continue Reading

The U.S. Equal Employment Opportunity Commission (EEOC) has published a new “Know Your Rights” workplace poster, which replaces the “EEO is the Law” poster and informs employees of their rights to be free from unlawful workplace harassment and discrimination under federal law.

Like the old poster, the new poster summarizes federal law prohibiting job discrimination based on based on race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion, age (40 and older), equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.… Continue Reading