Latest from Law and the Workplace
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 tool discriminated against a deaf and Indigenous employee at Intuit seeking a promotion.
According to the complaint…
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California Employment Law Update
Trump Administration Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws
On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.” First recognized under Title…
Continue ReadingGovernment Contractor Compliance & Regulatory Update
On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data collection. Among the requested changes, the EEOC seeks…
Continue ReadingLabor Relations Update
The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a puff of mootness. Google contracted with…
Continue ReadingProskauer Whistleblower Defense
On March 20, 2025, in Zornoza v. Terraform Global Inc. et al, No. 818-cv-02523 (D. Md. Apr. 4, 2025), a former executive of two SunEdison subsidiaries secured a $34.5 million settlement over his SOX whistleblower retaliation claims. Background Carlos Domenech…
Continue ReadingEmployee Benefits & Executive Compensation
In a unanimous decision, the U.S. Supreme Court ruled in Cunningham v. Cornell University that plaintiffs can satisfy the requirements for pleading prohibited party-in interest transactions under ERISA section 406(a) without alleging facts disproving the availability of a statutory exemption…
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