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On June 29, 2023, the U.S. Supreme Court issued a rare unanimous ruling in Groff v. DeJoy, and set a higher standard for employers to meet when denying religious accommodations under Title VII of the Civil Rights Act of 1964 (“Title VII”). Prior to Groff, employers were free to deny a religious accommodation where it imposed “more than a de minimis cost” on the employer’s business. Following Groff, however, employers must now show that the burden of granting a religious accommodation “would result in substantial increased costs in relation to the conduct of its particular business.” This case has implications for all employers evaluating employee requests for religious accommodations, and should be carefully considered when granting or denying such requests.Continue Reading Supreme Court Raises the Bar for Title VII Religious Accommodations

As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has had on its radar potential harms that may result from the use of artificial intelligence technology (“AI”) in the workplace. While some jurisdictions have already enacted requirements and restrictions on the use of AI decision making tools in employee selection methods,[1] on May 18, 2023, the EEOC updated its guidance on the use of AI for employment-related decisions, issuing a technical assistance document titled “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” (“Updated Guidance”). The Updated Guidance comes almost a year after the EEOC published related guidance explaining how employers’ use of algorithmic decision-making tools may violate the Americans with Disabilities Act (“ADA”). The Updated Guidance instead focuses on how the use of AI may implicate Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin. Particularly, the EEOC focuses on the disparate impact AI may have on “selection procedures” for hiring, firing, and promoting.Continue Reading The Use of Artificial Intelligence in Employee Selection Procedures: Updated Guidance From the EEOC

On April 6, 2023, the New York City Department of Consumer and Workforce Protection (“DCWP”) promulgated its final regulations (the “Final Regulations”) regarding the New York City Automated Employment Decision Tools Law (“AEDTL”). In connection with the Final Regulations, the DCWP also notified employers that it would further delay enforcement of the AEDTL from April 15, 2023 to July 5, 2023. The Final Regulations, among other things, expand the definition of “machine learning, statistical modeling, data analytics, or artificial intelligence” as used in the AEDTL and clarify specifics around the bias audits required by the AEDTL.Continue Reading NYC Issues Final Regulations for Automated Employment Decision Tools Law, Delays Enforcement to July 5, 2023

On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain anti-discrimination obligations. Federal law has long recognized a religious exemption to anti-discrimination obligations for federal contractors. The Trump Administration rule, which went into effect on January 8, 2021, expanded this faith-based carve-out. The rescission of the 2021 rule, which was published in the Federal Register on March 1, returns OFCCP to its pre-2021 religious exemption rule.Continue Reading Rescinding a Lame Duck Trump Administration Rule, DOL Returns to Its Longstanding Policy on Religious Exemptions for Federal Contractors

As we previously reported here last fall, California enacted a pay transparency law (SB 1162) requiring employers with 15 or more employees to disclose pay scales in job postings beginning January 1, 2023. The Labor Commissioner recently issued guidance in the form of FAQs to address some of the unanswered questions regarding the interpretation and enforcement of the California Equal Pay Act.Continue Reading California Labor Commissioner Issues FAQs Clarifying Pay Transparency Law

On December 12, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) announced that it would delay the date of its enforcement of the New York City Automated Employment Decision Tools Law (“AEDTL”) from January 1, 2023 to April 15, 2023. The change is due to the high volume of public comments the DCWP received in connection with its proposed regulations implementing the AEDTL, along with the DCWP’s plans to hold a second public hearing before finalizing those regulations.Continue Reading NYC Delays Enforcement of Automated Employment Decision Tools Law to April 15, 2023

The New Year will usher in several new Illinois employment laws. These laws cover a myriad of topics and will require revisions to employee handbooks and general employment policies. Continue Reading New Year Brings New Laws for Illinois Employers

The United States Supreme Court is currently considering two cases concerning whether race-conscious admissions programs are permissible under federal law. While these cases are limited to the relatively narrow universe of university admissions, the Court’s decision may be instructive to private employers and will likely have implications beyond the classroom.Continue Reading Could the Supreme Court’s Decision in the Harvard and UNC Cases Indirectly Affect Corporate Diversity Initiatives?

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to provide severance to employees they choose to lay off. This severance is usually provided by way of a separation agreement in exchange for the employee’s agreement not to bring certain claims against the employer, among other things. As employers begin determining whether they will undergo a reduction in force, they should ensure their separation agreements adhere to applicable state laws.Continue Reading Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

Beginning January 1, 2024, and following the passage of Assembly Bill 2188, the California Fair Employment and Housing Act (FEHA) will add employee protections against discrimination based on off-the-job cannabis use with a few, limited exceptions. Governor Newsom signed Assembly Bill 2188 into law on September 18, 2022. AB 2188 focuses on employee impairment from cannabis use, which it correlates only to the psychoactive component of cannabis, tetrahydrocannabinol (THC) and places new requirements on employer-required drug screening tests. AB 2188 is significant because it is the first time that California’s permissive cannabis-use laws have been incorporated into the employment realm. California employers should consider reviewing their job application process and any pre-employment drug screening protocols, as well as their policies and practices relating to drug screening in connection with hiring, discipline, and termination to ensure they will comply with the new law. Continue Reading California Expands Employees’ Right to Off-Duty Cannabis Use