Last Friday, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court overruled a 40-year-old judicial deference doctrine known as “Chevron deference,” named after the 1984 Supreme Court ruling in Chevron v. Natural Resources Defense Council, which instructed courts that they should defer to federal administrative agencies’ readings on...
by Jill Kahn Marshall On June 27, 2023, the Pregnant Workers’ Fairness Act (PWFA) was signed into law, providing additional workplace protections for pregnant workers and workers experiencing pregnancy-related conditions. Last Friday, the Equal Employment Opportunity Commission (EEOC) released draft regulations that further explain the parameters of the law. While...
In November 2021, the New York City Council passed a law regulating the use of artificial intelligence (AI) hiring tools by employers in the city, which will go into effect in January 2023; similar legislation has been proposed elsewhere in the United States and even at the federal level. These...
It seems the ink is hardly dry on a posting about COVID-19 vaccination policies in the workplace when there is a further legal development or news to share. In today’s news, the U.S. Equal Employment Opportunity Commission (EEOC) has just updated its COVID-19 technical assistance to address questions arising under...
On December 15, Business Insurance published an article entitled, “Biden Administration Faces Obstacles to Revising Employment Laws” and reached out to Partner Heidi Reavis for comment. Given that U.S. Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) are semi-independent agencies with a majority of Republican Commissioners...
As companies increasingly strive to improve diversity in their workforce, employers are implementing various tactics in an attempt to make these goals a reality. One recent trend has been tying manager performance reviews and bonuses to achievements in diversity hiring. While such policies may be an effective method for companies...
In an important employment discrimination case, the en banc Second Circuit held that “sexual orientation discrimination constitutes a form of discrimination ‘because of…sex,’ in violation of Title VII.” This decision overturns prior Second Circuit precedent and now allows claimants to assert sexual discrimination claims based on sexual orientation under federal...