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LATEST NEWS AND STORIES

  • Second Circuit Clarifies Meaning of Marital Status Discrimination in NYC

    Kelvin Hunter was the executive producer of The Wendy Williams Show from 2007 through April 2019. He was married to Wendy Williams throughout that period. In April 2019, Williams filed for divorce, and the show fired Hunter from his position shortly after. Hunter alleged he was fired “solely because of his marital status to Williams and not for any performance-based reasons.” He sued the show’s syndication company, asserting that his job termination violated New York City Human Rights Law (NYCHRL). While one prior New York case did uphold a claim for marital status discrimination based on marriage to a particular person, the Second Circuit rejected this argument.

  • Eleventh Circuit Finds Public Employer’s Interests Outweigh Employee’s “Inflammatory Language”

    John Labriola was a media aide for the Miami-Dade Board of County Commissioners. During non-work hours and just in his name, Labriola wrote an article critical of a proposed bill that would prohibit discrimination based on sex, sexual orientation, and gender identity. The County received many calls from concerned residents, and ordered him to receive training regarding the County’s anti-discrimination policies. Labriola never scheduled the training, and the County fired him. He sued, alleging his firing violated his First Amendment rights. The Eleventh Circuit Court of Appeals dismissed Labriola’s case. The court applied the Pickering-Connick test, balancing a public employee’s free speech rights against the employer’s operational interests.

  • EEOC Will Resume Considering Some Transgender Cases

    EEOC will begin processing some transgender discrimination cases according to a July 1 memo from field director Thomas Colclough. After President Trump’s January executive order asserting that the federal government recognized only two sexes, the EEOC reportedly dismissed at least six ongoing transgender discrimination lawsuits and stopped pursuing new ones. Acting Chair Andrea Lucas stated it was “impossible to both comply with the president’s executive order as an executive branch agency and zealously defend the workers” for whom they had brought the cases. The Washington Post reported that these complaints will be subjected to a heightened level of scrutiny.

  • Federal District Court Certifies Collective Action against Workday for AI Bias

    Derek Mobley filed a lawsuit against Workday Inc., alleging that the company’s AI-driven applicant screening tools systematically disadvantage older workers. He is over 40 years old. Workday provides human resources software to employers to post open jobs, recruit candidates, and manage the hiring process. The company also offers a service called “HiredScore AI,” which uses “responsible AI” to grade top candidates and help recruiters screen applications (CNN). The court decided that the primary question, whether Workday’s AI system disproportionately impacted applicants over 40, can be addressed altogether. Workday responded that the lawsuit lacks merit and notes that the court’s decision is preliminary; it relies on allegations, not evidence.

  • District Court May Not Issue Nationwide Injunctions

    The Supreme Court held that federal district courts cannot grant universal injunctions that impact laws nationwide. Before this decision, lower federal courts issued nationwide injunctions to bar the enforcement of laws they found unconstitutional. The government could not enforce these laws in any jurisdiction while the injunctions were in place. Courts issued injunctions for various employment actions, including the FTC’s ban on noncompete agreements, COVID-19 vaccine mandates, changes to eligibility for work visas, and the NLRB’s union elections and joint employer rules.

  • Discriminatory Exceptions Doom Grooming Policy

    Alexander Smith worked for the Atlantic City Fire Department. The city prohibited firefighters from growing beards because they needed to wear air masks to protect themselves from hazardous air. Smith began his employment as a firefighter but became an Air Mask Technician and remained on the trucks during fires. Smith is religious and informed the city that his religion required him to grow a beard. He requested an accommodation. The city demanded that Smith shave, threatening to suspend him without pay if he did not. The Third Circuit Court of Appeals heard Smith’s claim and concluded that Smith’s right to free exercise of his religion and reasonable accommodation had been infringed.

  • Rise of Deepfakes in the Workplace

    A recent article in the Anchorage Daily News highlighted the dangers to employees and employers because of deepfakes. In the article’s example, HR told an employee that she was suspended pending an investigation, barred from the workplace, and locked out of her computer. They accused her of leaving sexually explicit voicemails for a company executive. Although it took three weeks, the employee proved that she did not leave those emails and that they were AI-generated fakes. Employers should think about how to respond. They may be liable under Title VII if the deepfakes impact workplace dynamics.

  • Parents Can Withdraw Kids from LGBTQ Themed Classes

    In 2022, a Maryland school district implemented a new curriculum for elementary schools, including books with LGBTQ themes. Some Christian and Muslim parents sued, asserting the books violated the First Amendment’s protection of the free exercise of religion. The U.S. Supreme Court ruled that Maryland public schools must allow parents to opt their children out of classes if they have religious objections to LGBTQ materials presented. The Court granted a temporary injunction pending a federal appeals court review of the case. While the decision is not a final ruling on the issue, it suggests that the parents will prevail in obtaining opt-outs in the end.

  • Amazon CEO Warns of Job Cuts Due to AI

    Amazon CEO Andy Jassy told his employees that AI will ultimately reduce the company’s headcount. The company is going to get “scrappier.” He wants employees to figure out “how to get more done” with fewer people, with AI reducing their “total corporate workforce.” Amazon employs about 1.5 million workers and is the second-largest private employer in the US. Jassy encouraged employees to learn more about AI and use it to remain competitive at the company. Employees who embrace the changes, become well-versed in AI, and help the company build and improve AI internally, “will be well-positioned to have high impact and help us reinvent the company.”