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Practice Area: Employment

ILLINOIS AND NEW YORK LEAD THE WAY IN REGULATING ARTIFICIAL INTELLIGENCE IN HIRING  

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Illinois has emerged as a national leader in regulating the use of artificial intelligence (“AI”) in employment decisions, particularly in hiring and recruitment. Recent amendments and expansions to Illinois law significantly restrict how employers may use AI-driven tools, especially those that analyze video interviews, facial expressions, voice patterns, or other biometric-adjacent data, to evaluate job…
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PROJECT FIREWALL LEADS TO ENHANCED FEDERAL ENFORCEMENT AGAINST DISCRIMINATORY HIRING PRACTICES

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On November 25, 2025, just five (5) days after the Equal Employment Opportunity Commission (“EEOC”) released updated educational materials addressing anti-American bias in employment practices, the U.S. Department of Labor (“DOL”) formally announced its partnership with EEOC in a new enforcement initiative known as “Project Firewall.” The initiative, focused on enforcing compliance with the H-1B…
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ELEVENTH CIRCUIT HANDS FREIGHT WORKER A LIFELINE ON HIS INTERFERENCE CLAIM

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On November 7, 2025, the United States Court of Appeals for the 11th Circuit held that a former freight handler for FedEx can move forward with his interference claim under the Family and Medical Leave Act (“FMLA”), partially reversing a ruling from the United States District Court for the Northern District of Alabama in James…
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THE IMPACT OF THE GOVERNMENT SHUTDOWN ON EEOC AND NLRB OPERATIONS AND EMPLOYERS

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On October 1, 2025, the federal government shut down after Congress failed to approve a resolution to fund the government. As a result, several federal agencies, including the Equal Employment Opportunity Commission (“EEOC”) and National Labor Relations Board (“NLRB”), have issued contingency plans to maintain essential operating functions while also furloughing a significant percentage of…
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EMPLOYER LIABILITY EXPANDING UNDER THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT (TVPRA)

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The Trafficking Victims Protection Reauthorization Act (“TVPRA”) has emerged as a powerful legal mechanism in civil litigation, with its scope now extending well beyond direct perpetrators of human trafficking. Under Section 1595(a) of TVPRA, victims can sue an individual or entity who “knowingly benefits, financially or by receiving anything of value, from participation in a…
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THE SUPREME COURT REJECTS HEIGHTENED EVIDENTIARY STANDARD FOR TITLE VII REVERSE DISCRIMINATION CLAIMS

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On June 5, 2025, the Supreme Court, in Ames v. Ohio Department of Youth Services, unanimously held that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing background circumstances to establish a prima facie case for reverse discrimination. 605 U.S. ___, 145 S.Ct. 1540 (2025). The plaintiff, Marlean A. Ames (“Ames”),…
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EMPLOYERS CONSIDERING LAYOFFS MUST ABIDE BY THE WARN ACT

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As President Donald Trump continues his ongoing trade wars, including tariffs, businesses are responding with massive layoffs to shoulder the increased cost of production. Mack Trucks, Volvo, General Motors and Estée Lauder are some of the employers that have announced layoffs, specifically citing the impact of the Trump Administration’s tariffs. Smaller employers are also laying…
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THE GLOBAL SHIFT TOWARD PAY TRANSPARENCY GAINS MOMENTUM IN 2025

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In recent years, salary transparency has evolved from a workplace taboo into a defining feature of modern employment law. Driven by shifting societal expectations and evolving labor market norms, jurisdictions across the United States are codifying pay transparency requirements—fundamentally reshaping compensation practices and imposing new compliance obligations on employers. At its core, pay transparency is…
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THE EEOC PUBLISHES GUIDANCE ON DEI-RELATED DISCRIMINATION IN THE WORKPLACE

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On January 21, 2025, President Trump signed Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order declared that employer policies and practices that “use dangerous, demeaning and immoral race- and sex- based preferences under the guise of so called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” violate…
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