Discrimination, Harassment and Retaliation

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”).

USERRA generally protects military service members and veterans from discrimination based on their military service.  Among

On August 9, 2024, Illinois Governor JB Pritzker signed into law HB3773, a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI).  The amendment clarifies that it is a civil rights violation to use AI that has the effect of discriminating on the basis of protected classes under

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss,  allowing the Plaintiff to pursue novel claims that Workday – a third-party software vendor which provides artificial intelligence (“AI”)  driven employment screening tools to assist

On May 14, 2024 the New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) published guidance on Discrimination and Out-of-State Remote Workers. This guidance, which is not legally binding, aims to clarify the DCR’s position on how the New Jersey Law Against Discrimination (LAD) applies to all workers who are

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex discrimination, harassment and retaliation claims was against public policy and unenforceable under the New Jersey Law Against Discrimination (“LAD”). 

As

On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.

As Proskauer previously covered, this final guidance follows proposed guidance, which the EEOC published on October 2, 2023. According to a press release issued by the EEOC, the final guidance “updates, consolidates, and replaces