Insights

June 11, 2024
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Category: Discrimination and Harassment

EEOC Declares That Using Health Plan Denying Gender-Affirming Care Violates Title VII

The denial of health insurance coverage for gender-affirming care constitutes disparate treatment discrimination under Title VII of the 1964 Civil Rights Act, the Equal Employment Opportunity Commission ruled May 30, 2024, in Marc Lawrence a/k/a Terrell C. v. Rob Shriver. In this case, the retired employee’s Blue Cross Blue Shield FEHB Program specifically excluded coverage for services, medication, and supplies for...
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June 06, 2024
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Category: Artificial Intelligence

Colorado First State To Enact Expansive Law Governing Workplace Use of High Risk AI Systems

Colorado has enacted a first-of-its-kind state law (SB 24-205) that establishes comprehensive compliance obligations for covered employers that use high-risk artificial intelligence systems to assist in employment-related decisions. Subject to numerous exceptions, the statute defines “high-risk” AI systems as artificial intelligence systems that make or are a substantial factor in making a consequential decision. The statute defines a "consequential decision”...
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June 05, 2024
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Category: DOL

DOL Claims Manufacturer Is Jointly Liable for Child Labor Violations Committed by Its Supplier

The U.S. Department of Labor recently filed a lawsuit alleging that an auto manufacturer is jointly liable for child labor violations committed by one of its suppliers and the supplier’s staffing company. In its complaint, DOL alleges that the auto manufacturer is so interrelated with its supplier that it is an integrated employer for liability purposes under the Fair Labor Standards Act...
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June 03, 2024
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Category: Artificial Intelligence

Biden Administration Issues Guidance on Workplace Use of Artificial Intelligence

The U.S. Department of Labor and the Biden White House have published principles for AI developers and employers to follow regarding the use of artificial intelligence in the workplace. On May 16, 2024, DOL issued a guidance document entitled Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers, and the White House issued a Fact Sheet entitled Biden-Harris...
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June 03, 2024
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Category: Discrimination and Harassment

Red State AGs Are Challenging the Constitutionality of the EEOC

The Republican Attorneys General from several states have filed two federal lawsuits challenging actions of the U.S. Equal Employment Opportunity Commission on grounds that its structure is unconstitutional. On April 25, 2024, Tennessee and 16 other states filed suit in the U.S. District Court for the Eastern District of Arkansas challenging the EEOC’s final substantive regulations implementing the Pregnant Workers...
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May 30, 2024
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Category: Biden Administration

Biden Nominates Two for NLRB Seats, Ensuring Pro-Union Tilt Until 2026 If Confirmed by Senate

President Joe Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. The nominees are current Chair Lauren McFerran, a Democrat, to serve a third five-year term; and Republican Joshua L. Ditelberg, an employment law partner at Seyfarth Shaw, to fill a current Board vacancy. If the U.S. Senate...
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May 29, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules Trial Court Must “Stay” Litigation Pending Arbitration

Resolving a split among federal appeals courts, the U.S. Supreme Court has ruled unanimously that federal district courts must stay, or temporarily suspend, legal proceedings rather than dismiss the lawsuit when they order the parties to participate in arbitration. The case, Smith v. Spizzirri, is an employee misclassification case involving a mandatory arbitration agreement. The Supreme Court’s ruling, published May...
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May 29, 2024
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Category: State and Local Law

CWC Interstate: May 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a round-up of employment-related state and local laws that have come to its attention since its last update in April. Topics involving more than one state include paid leave in Illinois, Maryland, and New York; and the addition of protected classes to equal pay laws in both Maryland...
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May 29, 2024
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Category: Agency Enforcement

EEOC Sues Multiple Employers for Failing To File EEO-1 Reports

The U.S. Equal Employment Opportunity Commission has sued 15 employers in 10 states for failing to file mandatory annual EEO-1 reports for a period of several years. The EEOC announced this unprecedented move in a May 29, 2024, press release. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries. In each case, the EEOC is...
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May 23, 2024
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Category: Compliance Reporting and Recordkeeping

DOL’s Brief to Ninth Circuit in EEO-1 Data FOIA Litigation Defends Nondisclosure

The Office of Federal Contract Compliance Programs (OFCCP) should not be required to disclose the EEO-1 data of federal contractors that objected to the data’s release, the Labor Department told a federal appellate court in a brief filed May 9, 2024. In Center for Investigative Reporting v. U.S. Department of Labor, the U.S. District Court for the Northern District of...
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