Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She Did Not Apply

Although the ruling has been appealed, plaintiffs bringing challenges to organizational DEI programs face standing concerns when they do not apply for or otherwise attempt to participate in those programs. As these cases continue to unfold, organizations should be prepared to assert standing defenses when it becomes clear that a plaintiff did not take these affirmative steps.

To view the full alert, visit the Faegre Drinker website.

State & Local Employment Law Developments: Q4 2023

As we witnessed in the first, second and third quarters of 2023, state and local governments continued to increase workplace regulations in the fourth quarter of the year. Read our update for an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.

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U.S. Supreme Court to Clarify Whistleblower Statutes Regarding Employee’s Burden of Proof

The U.S. Supreme Court will decide in Murray v. UBS Securities, LLC whether a whistleblower must prove that an employer acted with “retaliatory intent” to be protected under the Sarbanes-Oxley Act. The Court’s decision will settle a split between the circuit courts, which will impact how employers defend against Sarbanes-Oxley Act retaliation claims.

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Is a Lateral Job Transfer With No Change in Pay or Benefits an Adverse Employment Action Under Title VII? The Supreme Court has Decided to Weigh In

The U.S. Supreme Court has granted certiorari in Muldrow v. City of St. Louis, Mo., No. 22-193, to address a split in the circuit courts over whether a forced lateral transfer, with no change in pay or benefits, is an adverse employment action under Title VII of the Civil Rights Act of 1964. Such a finding would further expand the type of conduct that can give rise to a cause of action under Title VII.

To view the full alert, visit the Faegre Drinker website.

Employers Beware: Sudden Spike in Class Actions Under the Illinois Genetic Information Privacy Act

Common to the class actions filed this year are allegations that employers requested or required candidates to disclose their family medical histories before receiving employment offers. The plaintiffs’ bar in Illinois may be looking to use the Genetic Information Privacy Act (GIPA) to challenge on a class-wide basis conduct that could only be challenged under the federal Genetic Information Non-Discrimination Act (GINA) on an individual basis.

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State & Local Employment Law Developments: Q3 2023

As we witnessed in Q1 and Q2, state and local governments continued to increase workplace regulations in Q3, including in regard to discrimination and harassment and paid leave. Read our update for an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.

Continue reading “State & Local Employment Law Developments: Q3 2023”

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