The year was 1978. Disco was king. Bell-bottoms were all the rage. The first non-Italian pope in 450 years was elected. There was political unrest in Iran. Argentina made a World Cup final (and won it). And who could forget the promulgation of the Uniform Guidelines on Employee Selection
Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at all. A recent 6th U.S. Circuit Court of Appeals decision, Barnett-Morgan v. Inverness Technologies, Inc., is a good reminder that procedural defenses are worthy
On May 5, 2026, the EEOC filed suit against the New York Times (NYT) in the Southern District of New York for engaging in DEI-related discrimination. The lawsuit alleges that the NYT violated Title VII of the Civil Rights Act when it passed over a white male employee for a promotion to deputy real estate
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit reaffirmed a familiar — but increasingly debated — principle in employment discrimination law: Plaintiffs proceeding under the McDonnell Douglas framework must identify a similarly situated comparator outside their protected class who was treated more favorably to survive summary judgment (Bravo v.
On May 28, 2026, the Eleventh Circuit issued an opinion in Khatabi v. Car Auto Holdings, LLC, holding, in relevant part, that an employer waived its ability to request a damages cap under Title VII based on its smaller size because it failed to plead the size damages cap as an affirmative defense.
In
As summer approaches, many organizations welcome interns and host a variety of social events, including happy hours, outings, and team-building activities. While these programs can boost morale and provide valuable networking opportunities, they also introduce additional workplace risks, particularly when alcohol, power dynamics, and inclusion concerns intersect. For employers with summer interns, thoughtful planning can
As a reminder, the Age Discrimination and Employment Act (ADEA) prohibits employers from retaliating against applicants or employees who oppose age discrimination, file a charge of discrimination under the statute, or testify, assist, or participate an investigation or proceeding under the ADEA.
On March 6, 2026, the U.S. District Court for the District of Colorado
According to a February 27, 2026, 2-1 decision by the U.S. Equal Employment Opportunity Commission (EEOC) in Selina S. v. Dep’t of the Army, the EEOC determined that it does not constitute sex discrimination for federal agencies to prohibit transgender employees from using bathrooms, locker rooms, and other intimate spaces that correspond with their
Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias. These materials signal that the agencies consider any national origin preference — including any actions favoring nonimmigrant visa holders — to be discrimination. Additionally, they make clear that multiple agencies view anti-American actions as an
When did you last update your employee handbook? With the end of the year nearing, now is a good time. Your policies should provide clear guidelines to your workforce about what you expect of them. Policies should also be a guide to HR regarding complaint procedures, discharge procedures, and even investigations if those are a