Discrimination

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The Data Made Me Do It: New DOL guidance warns employers to address Artificial Intelligence (AI) risks in the workplace (US)

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

Platform workers: a new era of labour protection in Singapore

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 Legislative Year-End Review: Preparing Employers for 2025 (US)

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

“Day One basic employment rights” – easy for you to say, Angela (UK)

“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

How low can you go – getting over the bar to workplace protection for your beliefs (UK)

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

Illinois Enacts New AI Legislation, Joining Colorado as the Only States Regulating Algorithmic Discrimination in Private Sector Use of AI Systems (US)

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

Election Season is Upon Us: Navigating Politics in the Workplace in 2024 (US)

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

All the fun of the fair – new tips Code offers bumpy ride to service-sector employers (UK)

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

Another foot in the grave of workplace common sense? (UK)

“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

Latest instalment on settlement agreements covering future claims (UK)

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

The New Jersey Law Against Discrimination: New Guidance Clarifies How State Anti-Discrimination Protections Apply to Remote Workers (US)

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

Artificial Intelligence (AI) Employment Discrimination Laws Proposed in Six States: What Employers Need to Know (US)

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

Could Artificial Intelligence Create Real Liability for Employers? Colorado Just Passed the First U.S. Law Addressing Algorithmic Discrimination in Private Sector Use of AI Systems (US)

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

Is your use of AI in the workplace compliant and guided by policies? (Germany)

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

Dismissal for religious beliefs plays well in theatre drama – but as reason or context? (UK)

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

Fourth Circuit Holds Firm Against Expansion of Religion-Based Defenses to Discrimination (US)

Lonnie Billard was a well-loved and decorated drama and English teacher at Charlotte Catholic High School (CCHS) in Mecklenburg County, North Carolina. He was named Teacher of the Year in 2012 after serving the Catholic high school’s students for eleven years. Two years later, CCHS told Mr. Billard he was not welcome back as a … Continue Reading

Belgium – the double or triple whammy of employment protection indemnities

In Belgian law, there are certain periods of employment during which there are greater than usual restrictions on an employer’s ability to dismiss an employee. These include periods of maternity, parental and other types of care leave. Parting company with employees during any period when they are protected against dismissal can become a costly affair, … Continue Reading

Clarity covers a multitude of sins – Court of Session restores order to settlement agreement waivers (UK)

Back in October 2022 we reported here on the EAT’s decision in Bathgate -v- Technip UK Limited. This was a particularly unnerving ruling to the effect that settlement agreements could not cover claims yet to arise because of the requirement under section 147 Employment Rights Act that such agreements must relate to “particular claims”. The … Continue Reading

New York State and City Anti-Discrimination Laws Apply to Non-Residents Seeking Employment in New York (US)

In 2010, the New York Court of Appeals (which is the highest state court in New York) established a test to determine the territorial scope of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”) – each of which protect employees and applicants for employment from employment-based … Continue Reading

“Getting the most out of the fit note”: new guidance for UK employers

Well, sort of.  Almost nothing has changed in this month’s new government guidance on fit notes over the previous versions.  You can receive a fit note digitally these days and (to reduce doctors’ workloads) a wider range of medical practitioners are now authorised to issue them, but officially that’s about it. That under-sells it, maybe … Continue Reading

New anti-bullying law proposals make grim reading all round for UK workplaces

So here we go again, another attempt to legislate against workplace bullying.  This is not the first – back in 2001 there was a Dignity at Work bill, a fantastically inept piece of drafting crippled alike by internal processes more complicated than the wiring diagram of a battleship and the inevitable (and as it turned … Continue Reading

Eleventh Circuit Says No ADA Failure to Accommodate Claim Without an Adverse Employment Action (US)

Squire Patton Boggs Summer Associate Tess Chaffee summarizes a recent opinion from the United States Court of Appeals for the Eleventh Circuit holding that an adverse employment action is required for a failure to accommodate claim under the Americans with Disabilities Act. Most employers are familiar with the Americans with Disabilities Act (“ADA”), which prohibits … Continue Reading
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