Discrimination

Expert Analysis

• What We Learned From 2022's Top FCRA Developments

  

  Significant Fair Credit Reporting Act activity in 2022 — from Article III standing decisions to regulatory guidance for consumer reporting agencies and furnishers — will provide crucial direction to industry, courts and litigants in 2023, say attorneys at Troutman Pepper.

• Insights On New Protections For Pregnant, Nursing Workers

  

  Amy Epstein Gluck at FisherBroyles discusses how the recently enacted Pregnant Workers Fairness and PUMP Acts build on protections for pregnant and nursing workers that are not provided by existing anti-discrimination laws, and explains next steps for employer compliance.

• NY Adult Survivors Act Look-Back: What Orgs Must Know

  

  With the look-back window for New York's Adult Survivors Act now open, survivors of past sexual abuse have a new opportunity to file civil claims — so organizations that could face litigation should take specific steps to ensure best practices both before and after lawsuits arise, say Michael Appelbaum and Christina Holdsworth at Goldberg Segalla.

• How To Navigate New State Pay Transparency Laws In 2023

  

  A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

• Key Calif. Law Changes Employers Should Know This Year

  

  With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

• The Top FMLA And ADA Lessons Of 2022: Part 2

  

  Attorneys at Dechert dissect several significant Americans with Disabilities Act decisions handed down by U.S. circuit courts in 2022 to clarify when employers are obliged to provide reasonable accommodations and offer tips for staying compliant with recent interpretations of the ADA.

• The Top FMLA And ADA Lessons Of 2022: Part 1

  

  Attorneys at Dechert review lessons from the biggest Family and Medical Leave Act and Americans with Disabilities Act opinions of 2022 to help employers develop clear employee call-in policies, determine remote worker FMLA eligibility and tackle fraudulent use of leave while staying compliant with these complicated statutes.

• What Employers Must Know About Speak Out Act Compliance

  

  The recently enacted Speak Out Act prohibits predispute employment contracts from including nondisclosure and nondisparagement clauses related to sexual harassment and assault, so employers may want to check their agreements for overly broad language, as well as compliance with more-expansive state laws, says Joe Hatley at Spencer Fane.

• Top 10 Employer Resolutions For 2023

  

  A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

• Key Developments From State Attorneys General In 2022

  

  For lawyers and observers of state attorneys general, 2022 brought a year full of advocacy, enforcement actions and politics, including departures from the National Association of Attorneys General, bipartisan data privacy and consumer protection issues, a continued focus on public health crises and more, say attorneys at Troutman Pepper.

• Learning From This Year's Legal Industry Discrimination Suits

  

  To limit the risk of lawsuits and make the workplace a more welcoming environment for female attorneys, it is important to reflect on lawyers' recent discrimination and sexual harassment claims against law firms and public employers, says Hope Comisky at Griesing Law.

• Justices' 2 Pending Affirmative Action Rulings Carry DEI Risk

  

  The anticipated U.S. Supreme Court rulings this term in favor of a pair of higher education affirmative action cases could hamper future corporate efforts in diversity, equity and inclusion because the end of affirmative action could infiltrate employment litigation, says Elena Schiefele at Sanford Heisler.

• 10 Ways To Combat Risks When Cos. Reduce Their Workforce

  

  Layoffs due to the ongoing recession may result in employee and U.S. Equal Employment Opportunity Commission claims, and other legal risks, so employers should consider these tips to prepare for a reduction in their labor force, say attorneys at Proskauer.