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.

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DOJ Settles Discrimination Claims Involving Apple’s Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice announced a $25 million settlement agreement requiring that Apple Inc. (Apple) pay toward a civil penalty and a back-pay fund to compensate certain individuals who were allegedly discriminated against in Apple’s Program Electronic Review Management process.

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Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State Bar of Michigan.  In his remarks, Funk critiqued three recent changes to the National Labor Relations Board’s remedial scheme.

Thryv, Inc.

Discussing Thryv, Inc., Funk voiced his concern that the labor law community was growing out of touch with workers, employers, and the public, and changing remedies in ways that hurt the overall mission of the agency.

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New California Laws for 2024 and Beyond: What Employers Should Know

California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2024, or later. These new laws address several topics, including expanding paid sick leave, leave of absence for reproductive loss, minimum wage increases for fast-food restaurant employees and health care workers, restraint on trade, and workplace violence prevention standards.

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A Tale of Two Cases – DEI Programs Under Scrutiny

Last month, two courts reached different conclusions about the legality of companies’ diversity equity and inclusion programs under Section 1981. The cases display different tactics and defenses and raise questions about how different courts will respond to these kinds of claims in the future.

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Considerations for Israeli Employers During Israel-Hamas War

As a result of the recent terrorist attacks in Israel and the resulting Israel-Hamas war, Israelis continue to be called upon for active duty under Israel’s emergency call-up notice. Global employers with operations and/or employees in Israel should become familiar with the emergency orders in place and the applicable employment developments to best support their employees and comply with local obligations.

Israel’s Compulsory Military Service

Israel’s military operates under a system of reserve forces known as the Israel Defense Forces (IDF). Military service is compulsory for Jewish Israeli citizens over the age of 18, requiring men to serve for a minimum of 32 months and women to serve for a minimum of 24 months. After completing compulsory service, citizens are transitioned into the IDF reserves, subject to recall for active duty in times of need. Because Israel is currently under a state of emergency, an emergency call-up notice (Order 8) has been issued for the immediate enlistment of most IDF reservists to report for active duty for an indefinite timeframe.

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