On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial intelligence in hiring and employment decisions.  Produced in connection with the EEOC’s launch of its Initiative on Artificial Intelligence and Algorithmic Fairness in October 2021, the EEOC’s latest guidance reflects its goal of ensuring that employers utilizing technology in hiring and employment decisions are complying with federal civil rights laws.  Notably, the guidance was issued a few days after the EEOC filed a complaint against a software company alleging age discrimination, potentially signaling similar actions related to the use of artificial intelligence in the employment context.  Below are some key takeaways on the new guidance.

Continue Reading EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With Disabilities

For those larger Illinois employers who have not yet reported payroll and diversity data to the Illinois Department of Labor (the “IDOL”), now may be the time.  The IDOL recently issued guidance to help employers navigate their reporting requirements (the “Guidance”).

Continue Reading Now is the Time for Employers to Report Pay Equity Data to the Illinois Labor Department

On May 13, 2022, a law requiring publicly held corporations headquartered in California to have women on the board of directors was enjoined from being enforced and declared unconstitutional after a bench trial in Los Angeles Superior Court.  In Crest v. Padilla, a judge ruled that the law violated the Equal Protection Clause of the California Constitution because it created a suspect gender classification without a compelling state interest, and the law was not necessary or narrowly tailored to achieve the State’s goals of remedying gender discrimination or benefiting the economy. 

Continue Reading Court Enjoins Law Requiring California Businesses Have Women on Their Board of Directors

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act.  The Fair Chance Act, which was enacted in January 2018 and is commonly known as California’s “ban-the-box” law, amended the Fair Employment and Housing Act (“FEHA”) to prohibit employers with five or more employees from directly or indirectly inquiring into, seeking the disclosure of, or considering an applicant’s conviction history (including questions on a job application) until after the applicant receives a conditional offer of employment.  We previously summarized employers’ obligations under the Fair Chance Act here.
Continue Reading The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus

On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision.  In Dynamex, the California Supreme Court adopted the so-called “ABC” test to determine coverage under the Industrial Welfare Commission (“IWC”) Wage Orders.  AB-5 expands the application of the ABC test to the entire California Labor Code and will take effect on January 1, 2020.
Continue Reading It’s Official: Newsom Expands The Definition of “Employee” Under California Law

Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their employers and increase the already-significant regulatory burden on these companies. This fall, the California Legislature is geared to send three significant bills to Governor Gavin Newsom that all California employers should carefully follow.
Continue Reading Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk

On July 3, 2019, Governor Gavin Newsom signed into law Senate Bill 188 also known as the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act.  The CROWN Act amends the California Education Code and the Fair Employment and Housing Act’s definition of race to include traits historically associated with race, including hair texture and protective hairstyles.  Protective hairstyles include, but are not limited to, “braids, locks, and twists.”
Continue Reading A Heads Up On The CROWN Act: Employees’ Natural Hairstyles Now Protected

On April 22, 2019, the United States Supreme Court granted certiorari in a trio of cases challenging the scope of Title VII of the Civil Rights Act of 1964’s (“Title VII”) prohibition on discrimination on the basis of sex.  The definition of “sex” in Title VII, and particularly whether the term incorporates sexual orientation and/or gender identity, is currently the subject of uncertainty and a hotly debated judicial and administrative divide.  Specifically, while the Equal Employment Opportunity Commission (“EEOC”) and United States Court of Appeals for the Second and Seventh Circuits have each determined that the term “sex” encompasses sexual orientation, the United States Court of Appeals for the Eleventh Circuit has held that Title VII does not prohibit discrimination on the basis of sexual orientation.  While the court has notably declined to hear cases aimed at resolving the meaning of “sex” in Title VII in recent years, its grant of certiorari signals that the Court is now prepared to address the issue.
Continue Reading SCOTUS To Rule On Whether Title VII Prohibits Sexual Orientation And Gender Identity Discrimination