- Routine Use of Artificial Intelligence. Does your workplace have a policy on how
EEOC and DOL Address National Origin Discrimination and Anti-American Bias
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
Beyond WARN: Federal Laws and Practical Considerations That Shape RIF Planning and Execution – Part 2
In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?” As we forecasted last week, much like the Dickensian apparition, so, too, does our blog return to the
Final Impact? EEOC Closing of Disparate Impact Investigations Is Challenged
Like almost every federal agency, things have certainly changed at the Equal Employment Opportunity Commission (EEOC) in the last 10 months. One of those significant changes has been the departure from investigation of claims asserting the “disparate impact” theory. A plaintiff in a disparate impact case, generally speaking, must show that a seemingly neutral policy
If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment.
What Do the EEOC and Many Courts Say About Non-Employee Harassment?
The Equal Employment Opportunity Commission and the
Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?
While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to automate repetitive tasks or produce predictive analytics — recent studies have shown that over 60% of managers
Mediation: Give It a Try – You Might Like It!
Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL). If you have been litigation free so far, chances are that the odds
Yes, Menstrual Cramps May Qualify as a Disability Under ADA
If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you deny the request, could it be the basis of a sex discrimination claim under Title VII? The EEOC thinks so and
“Supreme Court Shakes Things Up: Reversal of the ‘Background Circumstances’ Rule Marks Major Legal Shift”
Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove discrimination – a heightened evidentiary standard. However, the U.S. Supreme Court recently rejected the “background circumstances” rule in Ames v. Ohio
Take it Back – A Federal Court in Texas Vacates Portions of the EEOC’s Sexual Harassment Guidance
Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168 directing the EEOC to rescind portions of the guidance; however, the EEOC took no action because it