The Supreme Court unanimously vacated a decision that requires discriminated employees to demonstrate a “materially significant” disadvantage for discrimination claims. The Court held that employees, under Title VII of the Civil Human Rights Act of 1964 (Title VII), must only show some harm with respect to “an identifiable term or condition of their employment”, but that harm need not be significant. The Supreme Court’s decision stems from Muldrow v. City of St. Louis, Missouri, a lawsuit brought by
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The U.S. Equal Employment Opportunity Commission (EEOC) has published a comprehensive technical assistance document to address the growing concern of discrimination against job seekers and workers in relation to the use of automated systems, including those incorporating artificial intelligence, by employers. The EEOC, as the primary federal agency responsible for enforcing Title VII, seeks to ensure that these technologies align with civil rights laws and promote fairness, justice, and equality. The new publication, Assessing Adverse Impact
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The District of Columbia recently updated it human rights laws to include a revised definition of sex discrimination in employment. The updated law defines sex as “the state of being biologically male, female, or intersex, including associated medical conditions and reproductive health decisions.” The revision expands the prohibition on sex-based discrimination to include adverse actions based on reproductive health decisions. The revised law prohibits employers from engaging in retaliatory, coercive, or interfering behavior due to
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At a recent hearing, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of artificial intelligence (AI) and automated systems on employment decisions. The goal of the hearing was to identify potential concerns of employer use of artificial intelligence in all areas of employment decision making. The EEOC is concerned about the use of AI in employment decisions, as many companies use AI technologies for hiring, promotion, and other similar processes. Such tools include
Read More... →Natalie Koss, Esq., has won a $2.8 million arbitration award for her client, who was a high-performing technology salesperson in Federal sector sales. The award is for employment discrimination that the employee experienced when he tried to take parental leave at a publicly traded company in Maryland. According to the award, the employer is liable for interfering with the employee’s rights under the Family and Medical Leave Act and then retaliating against him when he
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