The U.S. Equal Employment Opportunity Commission (EEOC) has lodged a lawsuit against Prestigious Placement and Spinnaker Management Group, alleging that these entities, both operating as joint employers, breached federal civil rights law. According to the charges, the companies subjected female employees to a sexually hostile work environment. The EEOC, as the federal agency tasked with…
On August 7, 2023, the U.S. Court of Appeals for the Second Circuit made an important review and clarification of the appropriate legal standard for analyzing claims of retaliation under Title VII of the Civil Rights Act of 1964. The case at hand was Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL…
In a decisive move, the U.S. Department of Justice, Civil Rights Division (DOJ) and the U.S. Department of Education, Office of Civil Rights (OCR) have issued a joint letter to institutions of higher education, signaling increased scrutiny in the realm of online accessibility. Notably, the collective action occurs in tandem with recent enforcement endeavors against…
In a significant and unprecedented move, the state of California sits on the cusp of becoming the first in the United States to enact a state-wide ban on caste discrimination. This comes as Senate Bill 403 works to concretize, “caste”, into the definition of “ancestry” in legislation, thereby protecting it from violation under California’s Unruh…
In 2021, an increasing number of states have enacted legislation to examine the implications of artificial intelligence (AI). This is an anticipatory move to potentially regulate this emerging technology and address its expected impact on employment, civil liberties, and property rights. As the implementation and influence of AI continue to expand, attorneys, corporate entities, and…
The judiciary, once believed to be a neutral branch of government, now finds itself swinging more frequently, ostensibly due to recent behaviour demonstrated by the YOLO Court, which now seems to disregard stare decisis and respect for Congressional intentions. As a result, key issues such as healthcare access, gun ownership, and civil rights are becoming…
In the latest developments of a civil rights class action in North Carolina, a second sheriff has requested an early dismissal from the case. The lawsuit, brought against a number of officials, alleges negligence resulting from defects in the statewide implementation of a digital court system. The sheriff in question has dismissed these allegations as…
United Healthcare Insurance Company (“United”), one of the premier national payors, agreed to an $80,000 settlement in late August with the Health and Human Services (HHS) Office for Civil Rights (“OCR”). This resolution relates to OCR’s Right of Access initiative, the agenda pushing for patients to have timely access to their health information. As part…
In a significant development for law firms and corporations alike, a recent change in legal precedent may reshape the understanding of Title VII claims under the Civil Rights Act. The Fifth Circuit, in its ruling on the case of Hamilton v. Dallas County, has overturned the decades-old “ultimate employment decision” standard that has until now…
The impact of artificial intelligence (AI) in the workplace is a growing issue, taking center stage as more corporations increasingly adopt AI technologies for their operations. Central to this dynamic are legal and ethical concerns, particularly in relation to Title VII of the Civil Rights Act. Respected law firm,Ward and Smith, P.A., proposes an intriguing…
U.S. restaurant group, Hooters of Louisiana, LLC, along with its associated entities, has agreed to pay a settlement sum of $650,000 as a resolution to the race and retaliation lawsuit instituted by the U.S. Equal Employment Opportunity Commission (EEOC). This settlement follows accusations that the company had subjected its African American employees to racially hostile…
The United States Department of Health and Human Services, Office for Civil Rights (OCR), has announced a settlement agreement. This agreement, which was publicized on June 15, 2023, involves Yakima Valley Memorial Hospital (Yakima), a not-for-profit community hospital. This settlement comes as a consequence of a breach of protected health information (PHI) at Yakima, which…
In a landmark decision, the U.S. Supreme Court has declared the use of race in university and college admissions to be unconstitutional. Announced on June 29, 2023, in the Students for Fair Admissions, Inc. cases, the judgment applies solely to the admissions decisions of educational establishments that receive “federal financial assistance”. The Court evaluated these…
The federal judiciary, including law clerks and federal public defenders, are not covered by Title VII of the Civil Rights Act of 1964. This means that these judiciary employees cannot sue or seek damages for harm to their careers, reputations or earning potential, even in cases of severe mistreatment by judges exercising their positions of…
On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to address gaps left in case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and…
In a recent decision, the Ninth Circuit Federal Appeals Court has ruled that a lawyer representing himself in a dispute should not be granted the same degree of liberal pleading standards that non-attorney pro se litigants receive. Read more in the detail account covered by Bloomberg Law. James Huffman, the attorney in question, found himself…
A congressional committee led by Chuck Schumer is set to conduct a series of “A.I. Insight Forums” that will feature dialogue with tech industry leaders such as Elon Musk of Tesla, Sundar Pichai of Google, Sam Altman of OpenAI, and Satya Nadella of Microsoft. The forums aim to inform the committee’s efforts in constructing a…
The Justice Department has reached an agreement with the administrative staff of the Oklahoma Supreme Court to enhance resources for individuals with limited English proficiency. This marks the resolution to a complaint lodged in 2021, alleging the state’s courts were failing to provide necessary language interpretation, thereby violating the Civil Rights Act of 1964. Through…
A complaint was recently filed in the Carroll County, Arkansas, Circuit Court, alleging that the City of Holiday Island’s monopoly on solid waste removal and temporary waste projects violates the Arkansas Constitution. Steven Hedrick and X-Dumpsters, the plaintiffs of the case, argue that a particular ordinance adopted by the Holiday Island City Council is not…
The requirement for companies to disclose their recruitment and hiring technology tools, including those using artificial intelligence, is the latest change from a government contractor watchdog. However, this new requirement is causing concern amongst employer-side lawyers over the extent of the request. The Office of Federal Contract Compliance Programs’ updated supply and service scheduling setter…
Recent data reveals an ongoing decline in the filing of lawsuits under Title III of the Americans with Disabilities Act (ADA). This trend, which began in 2022, appears to continue throughout 2023. Despite the downturn, New York consistently stands out as the most frequent locus for such filings, according to a mid-year review by global…
On August 24, 2023, the U.S. Department of Justice (DOJ) launched a significant legal action against Space Exploration Technologies Corporation (often known as SpaceX) over accusations of employment discrimination. The DOJ presented a complaint claiming that the company violated principles of the Immigration and Nationality Act (INA) regarding citizenship-based discrimination in employment. According to the…
A recent amendment to the National Defense Authorization Act (NDAA) introduces new regulatory standards for U.S. documented commercial vessels. Effective from 2023, owners, masters, and managing operators are now obligated to report incidents of harassment, sexual harassment, and sexual assault immediately. The amendments were published by McGlinchey Stafford and hint towards a substantial shift in…
Opponents of diversity programs are employing an unexpected tool in their litigation: a law dating back to the American Civil War era. A spate of suits filed on behalf of white workers in the wake of the US Supreme Court decision that made affirmative action in higher education unlawful, are leaning on a statute originating…
California is renowned for its progressive stance concerning employee rights, with the state’s Fair Employment and Housing Act (FEHA) traditionally considered one of the most employee-friendly civil rights laws in the country. The law’s latest amendment signifies further progression, promising to reshape the professional landscape, as it extends FEHA liability to involve “institutional agents” of…