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In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race- or sex-based favoritism,” President Trump issued a new Executive Order on April 23, 2025, titled “Restoring Equality of Opportunity and Meritocracy.” The order specifically targets disparate impact liability. Background on Title VII Disparate Impact Liability Title VII of the Civil […]
On February 13, 2025, state attorneys general (AG) from 15 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are […]
While the number of employment laws Arizona employers are required to follow has steadily increased over the years, employment in Arizona remains largely policy-based. This means employment handbooks are critical to managing employee expectations, establishing performance and behavior standards, and protecting employers from legal liabilities. However, many handbooks fall short of their intended purpose because […]
On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule expanded the definition of sex-based discrimination under Title IX to protect gender identity and sexual orientation discrimination in federally funded schools. The entire […]
One of the hardest things for employers is being accused of wrongdoing and, rather than reacting defensively, flipping it to their advantage. For an example of how to do so, let’s look to the University of Houston (UH) and how it handled a discrimination complaint from a disappointed professorship applicant. Professors Squabbling Kate Kingsbury applied […]
On May 17, 2024, the Colorado Legislature passed Senate Bill (SB) 24-205 to protect employees and consumers by prohibiting developers of high-risk artificial intelligence (AI) systems from engaging in “algorithmic discrimination” in consequential decision-making. This prohibition also applies to organizations that deploy these high-risk AI systems. Governor Jared Polis signed the bill into law on […]
Federal judges are required to reduce jury verdicts in discrimination cases brought under Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA) if a jury awards more than is permitted under federal caps. But a bill now pending in Congress, the Equal Remedies Act of 2024, would end […]
A TV host resigned because her employer didn’t respond when she complained about her cohost’s behavior. After her cohost was fired a few months later, she sued. During the pretrial fact-finding stage (discovery), the parties disagreed over what information they were required to exchange. Let’s take a look. Combustible Sydney Watson was the cohost of […]
Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is yes. Employers transfer employees, or take other actions, for a variety of reasons. Until […]
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally unacceptable.” Currently, total compensatory and punitive damages are capped for the largest companies at $300,000. Congress established the limits when it passed the 1991 revision to Title VII […]