Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.
UK Employment Appeal Tribunal Rules on Protection Against Disability Discrimination for Workers With ADHD and Autism
The recent case of Stedman v Haven Leisure Limited [2025] EAT 82 highlights key considerations for employers and individuals regarding disability discrimination protections under the Equality Act 2010. After Mr. Stedman’s job application was rejected, his claim of discrimination due to ADHD was initially dismissed. However, the Employment Appeal Tribunal overturned this decision, emphasizing the need for careful assessment of what constitutes a disability and reinforcing the rights of those with ADHD in the workplace.
Continue Reading UK Employment Appeal Tribunal Rules on Protection Against Disability Discrimination for Workers With ADHD and Autism
UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases
On 8 July, the UK Government announced plans to end the use of non-disclosure agreements in cases involving harassment and discrimination. The Employment Rights Bill is currently being examined by the House of Lords, following which it will return to the House of Commons and will likely pass into law later this year.
Continue Reading UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases
Beyond Bias: California Sets a New Standard for Regulating AI in the Workplace
As employers around the globe are increasingly looking to leverage AI and AI-adjacent automation in their recruiting and personnel processes, California has stepped onto the scene. On June 27
Continue Reading Beyond Bias: California Sets a New Standard for Regulating AI in the Workplace
Supreme Court Eliminates Heightened Discrimination Standard Under Title VII
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.
Continue Reading Supreme Court Eliminates Heightened Discrimination Standard Under Title VII
(Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions
Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules
Continue Reading (Background) Check It Out: Understanding California’s New Fair Chance Act Regulations on Criminal Records and Background Checks When Making Employment Decisions
5th Circuit Expands Scope of Title VII in Employment Discrimination Cases
Reversing decades of precedent that limited the scope of Title VII of the Civil Rights Act, on Aug. 18, 2023, the Fifth Circuit en banc ruled in Hamilton v. Dallas
Continue Reading 5th Circuit Expands Scope of Title VII in Employment Discrimination Cases
303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority
Continue Reading 303 Creative: SCOTUS Rules First Amendment Protects Colorado Website Designer from Creating ‘Expressive’ Wedding Websites For Same-Sex Couples
California Will Soon Protect Employees’ Off-Duty Cannabis Use
Under AB 2188, beginning Jan. 1, 2024, California employers will be prohibited from discriminating against employees for off-duty cannabis use.
Continue Reading California Will Soon Protect Employees’ Off-Duty Cannabis Use
CA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims
On Jan. 27, 2022, the California Supreme Court issued its opinion in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the
Continue Reading CA Supreme Court Clarifies Standard for Employee Whistleblower Retaliation Claims