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Job Applicants Employment Discrimination

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

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Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Troutman Pepper Locke

Navigating New Jersey’s Pay Transparency Act, Effective June 1

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On June 1, new job posting requirements took effect in New Jersey under the New Jersey Pay and Benefit Transparency Act. The “Pay Transparency Act,” signed into law by Governor Phil Murphy in November 2024, requires employers...more

Berkshire

Washington State Amends their Pay Transparency Law

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Washington State has further updated their Equal Pay and Opportunities Act (EPOA) to focus on increasing pay transparency efforts. While it initially prohibited sex- and gender-based pay discrimination, it has expanded upon...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Holland & Knight LLP on

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Littler

State and Local Updates Affect What Employers May (and May Not) Require from Job Applicants in Washington State

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It’s the season for legislative updates – and Washington State lawmakers are no exception. Job postings have recently been an area of focus in state and local laws. Two recent updates in Washington State impose new...more

Littler

Think Before You Ask: Oregon Cracks Down on Age-Related Hiring Questions and Increases Age Discrimination Protections for...

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Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment. When it comes to age, Oregon is one of only a handful of...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EU Pay Transparency Directive: Updates on Implementation Across Member States

The European Union’s pay transparency directive (Directive (EU) 2023/970), adopted in June 2023, is landmark legislation aimed at addressing pay discrimination and closing the gender pay gap across the European Union. With a...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Littler

Minneapolis, Minnesota Amends its Anti-discrimination Ordinance

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On May 12, 2025, the city of Minneapolis enacted extensive amendments to its existing anti-discrimination ordinance, including expanding definitions relating to protected characteristics and accommodations. The ordinance...more

Fisher Phillips

Businesses with Employees in India Should be Aware of Court Rulings Against Preferential Hiring Based on Residency: Key Takeaways

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Two courts in India recently struck down laws seeking to establish preferential hiring based on residency. These decisions invalidated acts passed by two Indian states that required private businesses to fill a percentage of...more

K&L Gates LLP

Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026

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Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to...more

McDermott Will & Emery

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Nilan Johnson Lewis PA

Minneapolis Expands Civil Rights Protections: Key Changes for Employers

The Minneapolis City Council unanimously passed sweeping amendments to the City’s civil rights ordinance last Thursday, May 1st. The amended ordinance is expected to go into effect on August 1, 2025. If you operate in...more

Fisher Phillips

Cleveland Employers Must Prepare for City’s New Pay Equity and Transparency Rules: Your Top Questions Answered + 5 Steps to Take...

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Cleveland employers will soon need to include salary ranges in job postings and refrain from asking job applicants questions related to their salary history, thanks to a new ordinance adopted by the City Council last week....more

Mitratech Holdings, Inc

Fair Chance Hiring: Balancing Business Needs with Opportunities for Individuals

Finding qualified talent is a challenge for many businesses today. But what if there's a pool of skilled workers that many companies overlook? Fair chance hiring opens doors for people with criminal records while helping...more

Bradley Arant Boult Cummings LLP

Just Don’t Ask: 7th Circuit Addresses Employment Medical Inquiries Under ADA

In early April 2025, the Seventh U.S. Circuit Court of Appeals recognized that employers could be held liable for monetary damages and other relief for violating the medical inquiry and examination limitations of the...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

DCI Consulting

[Webinar] Using Science to Address Merit, Equity, & Compliance in Employee Selection & Pay - May 14th, 2:00 pm - 2:30 pm EDT

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Recently, there has been an intense focus on how employers approach employment decisions such as recruitment, hiring, promotions, and pay. Long-standing practices have been challenged in court, through executive actions, and...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

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Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Weintraub Tobin

California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks

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In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

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