Discrimination

Expert Analysis

• Personnel File Access Laws Pose New Risks For Employers

  

  The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.

• Examining The Quietest EEOC Enforcement Year In A Decade

  

  The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

• State Paid Leave Laws Are Changing Employer Obligations

  

  A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

• 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

  

  The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

• Loper Bright's Evolving Application In Labor Case Appeals

  

  Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

• Employer Considerations As Ill. Ends Mandatory Fact-Finding

  

  Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.

• Minimizing AI Bias Risks Amid New Calif. Workplace Rules

  

  In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

• Navigating Employee Social Media Use Amid Political Violence

  

  With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.

• Female Athletes' NIL Deal Challenge Could Be Game Changer

  

  A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

• Lessons As Joint Employer Suits Shift From Rare To Routine

  

  Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

• Why Early Resolution Of Employment Liability Claims Is Key

  

  A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.

• What To Expect From The EEOC Once A Quorum Is Restored

  

  As the U.S. Equal Employment Opportunity Commission is expected to soon regain its quorum with a Republican majority, employers should be prepared for a more assertive EEOC, especially as it intensifies its scrutiny of diversity, equity and inclusion programs, say attorneys at Dechert.

• Tips As 6th Circ. Narrows Employers' Harassment Liability

  

  In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.