On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, and Students for Fair Admissions, Inc. v. University of North Carolina et al., No. 21-707, holding that the admissions programs used by Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.
Significant Changes Ahead for Colorado Employers – Colorado’s 2023 Legislative Session Produces Extensive Employment Law Changes
The 2023 Colorado legislative session ended with the state significantly increasing employee protections through several laws that either created new protections or materially amended current protections.
DOJ Settles Discrimination Claims with Employers Using Campus Recruiting Services
In May, the U.S. Department of Justice announced that 10 employers have settled claims that they violated the Immigration and Nationality Act (INA) by posting discriminatory job advertisements on a college recruiting platform. These actions have cost individual employers over $300,000 and serve as a warning to make sure that online job boards are compliant with the INA before posting to them.
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New York Legislature Agrees to Ban Noncompete Agreements
New York state is poised to join four other states in banning employment-related noncompete agreements. In addition to standalone noncompetition agreements, noncompete restrictions on employees within offer letters, employment agreements, stock option agreements and other employment-related agreements, are subject to the new law’s prohibition.
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Artificial Intelligence: EEOC Addresses Employer Liability When Using AI in Selection Procedures
The EEOC releases a technical assistance document exploring employers’ Title VII liability when incorporating AI tools and automated systems in employment selection procedures, and a new Texas district court rule prevents attorneys’ unchecked use of AI in preparing legal documents — we’re exploring these developments and the latest insurance regulatory news from California and Colorado in our briefing.
NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions
The General Counsel of the National Labor Relations Board (the Board) issued new guidance announcing her position that certain noncompete agreements violate the National Labor Relations Act. Citing McLaren Macomb, the General Counsel urged the Board to adopt her position regarding noncompete agreements, arguing that the Board already embraced a similarly restrictive standard for analyzing the lawfulness of severance agreements.
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