A New York federal court recently ruled in Cecilia Prichard v. Long Island University that the U.S. Equal Employment Opportunity Commission (“EEOC”) must conduct a fulsome investigation of an employee’s allegations of discrimination before authorizing the employee to file a lawsuit in federal court. The decision directly conflicts with decisions issued in the Second, Ninth, … Continue Reading
The first half of 2025 is off and running with U.S. state and local jurisdiction employment law developments concerning topics such as paid sick leave, family leave, restrictive covenants, anti‑discrimination and AI, pay stub requirements, gender identity protections, and meal and rest breaks, to name a few. As always, minimum wages continue to increase in … Continue Reading
On July 29, 2025, United States Attorney General Pam Bondi issued new guidance that significantly changes how the government interprets federal antidiscrimination laws to apply to entities receiving federal funds – including private and public employers, state and local governments, and educational institutions – particularly with respect to entities that maintain Diversity, Equity, and Inclusion … Continue Reading
Some employers offer benefits not only to their current employees, but under certain circumstances also offer certain benefits, such as health insurance, to employees who retire from working for them. Employers sometimes modify the terms of benefit policies, programs, and plans for a number of reasons, including to change coverages or eligibility requirements or to … Continue Reading
On June 5, 2025, the United States Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services, No. 23-1039, reviving a lawsuit brought by a heterosexual female employee who alleged she was discriminated against by her employer in favor of less qualified gay candidates. The decision conclusively establishes that the evidentiary burden … Continue Reading
In 2019 a Mr Easton applied for a role with the Home Office to work in the Border Force. As part of that process he was required to fill in (without guidance) a blank box headed “Employment History” which he completed with details of prior roles held and the years in which each had begun … Continue Reading
In these days of fevered and angry social media comment on almost everything, it is always wise for HR to keep its feet anchored firmly on the ground when all that online bile and indignation washes up at the employer’s door. Here to help with that is this week’s Court of Appeal decision in Higgs … Continue Reading
A couple of weeks ago we asked readers of this blog to answer a couple of questions on their organisation’s use of (generative) artificial intelligence, and we promised to circle back with the results. So, drum roll, the results are now in.… Continue Reading
So now we finally have a definitive answer to the question of whether being on maternity leave at the time redundancies are declared gives you priority in the selection process. That answer is no. And yes. As we can say entirely definitively, it all depends. Let us take two scenarios. … Continue Reading
In the rapidly developing world of AI, federal regulators are again signaling that businesses and HR managers cannot depend on a “data made me do it” defense to employment decisions made with the help of AI systems. Expanding on guidance it released in May, the US Department of Labor (DOL) issued new guidance on October … Continue Reading
The Platform Workers Act coming into effect on 1 January 2025 will be a game-changer in Singapore’s labour landscape. It marks a significant step towards recognising the unique circumstances of platform workers and providing them with essential protections. As one of the first countries to establish specific safeguards for this growing workforce, Singapore is demonstrating … Continue Reading
California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025. Unless otherwise noted below, these new laws take effect January 1, 2025.… Continue Reading
“Unfair dismissal rights from Day One”, said the Labour Manifesto, subject always to a probationary period in which terminations will not be challengeable as unfair provided that employers operate “fair and transparent rules and procedures” to provide what Angela Rayner described as “basic rights”. We are now told that the probationary period will be six … Continue Reading
There are a multitude of decided cases concerning employees dismissed for exhibiting unattractive beliefs at work, but rather fewer about those sacked for the mere holding of them. Particularly in view of this summer’s riots, that makes the EAT’s decision this month in Thomas -v- Surrey and Borders Partnership NHS Foundation Trust a timely and … Continue Reading
As we have previously reported about (here and here), 2024 has been a historic year in the United States for state legislation aimed at protecting employees from harm arising out of the use of artificial intelligence (“AI”) systems. In May, Colorado passed the first US law addressing algorithmic discrimination in private sector use of AI … Continue Reading
In today’s divisive climate, political speech in the workplace is a topic of increasing relevance and complexity. While workplace discrimination based on race, gender, religion, age, or disability has long been prohibited, discrimination on the basis of an employee’s political affiliations or beliefs is a more nuanced, often overlooked challenge since it is not among … Continue Reading
If the UK introduced a piece of employment law to require all employees to be nice to each other in the workplace, then you would instantly and rightly dismiss it out of hand. What a ridiculous idea – how can you define what it is to be “nice” and without that, how can you determine … Continue Reading
“HMRC boss sending worker unwanted birthday card was harassment“, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a chair. Needless to say, there is somewhat more to the story than that, so those … Continue Reading
In an earlier post we looked at how far a settlement agreement could validly waive claims in respect of things which haven’t yet happened. The Scottish Court of Session in Bathgate -v- Technip UK Limited had very sensibly indicated that you can agree not to pursue future rights provided that the settlement agreement contains wording … Continue Reading
Squire Patton Boggs’ Summer Associate Luis Ayala Gutierrez discusses recent guidance relating to the application of New Jersey’s employment discrimination law to remote workers. Although the pandemic is (mercifully) mostly behind us, many employers who implemented remote work arrangements as a pandemic measure have retained hybrid in-office/remote or fully remote workforce arrangements, providing employees with … Continue Reading
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at … Continue Reading
On May 17, 2024, Colorado became the first U.S. state to pass a law aimed at protecting consumers from harm arising out of the use of artificial intelligence (“AI”) systems. Senate Bill 24-205, or the “CAIA,” is designed to regulate the private-sector use of AI systems and will impose obligations on Colorado employers, including affirmative … Continue Reading
The recent decision of the Hamburg Labour Court concerning a German works council’s attempt to enforce a ban on the use of AI in a workplace makes it clear once again that employers cannot simply let the use of AI run its course unchecked. Employers are well advised to take a moment check their current … Continue Reading
What with God, theatre and lesbians, the recent EAT decision in Omooba – v – Michael Garrett Associates and Another might truly be said to be the case that has it all. Sadly the legal points underneath the facts are rather more prosaic, but this ruling is nonetheless worth noting for their possible practical application … Continue Reading
