Seyfarth’s 2024 EEOC-Initiated Litigation Report Explains the Driving Forces Behind the Surge in EEOC Filings
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
1M ago
Author: Seyfarth Shaw LLP Each year, our team at Seyfarth analyzes every EEOC case filing—as well as EEOC-related legal decisions from around the country—to compile the definitive A-Z desk reference for “everything EEOC.” As we turn the page into 2024, we are pleased to announce the publication of Seyfarth Shaw’s 2024 Edition of its EEOC-Initiated Litigation Report. This year’s Report comes amidst a surge in EEOC lawsuit filings following notable personnel changes at the Commission. In the last Fiscal Year alone, the EEOC launched a 52% increase in merit filings, going from 95 cases in FY 202 ..read more
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No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
1M ago
By: Connor Bateman, Michael Jacobsen, and Yoon Woo-Nam Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the Ninth, Tenth, Eleventh, and D.C. Circuits. TransUnion at a Glance Among other things as we have discussed, the U.S. Supreme Court held in TransUnion that every class member must have Article III standing in order to recover individual damages, as well as that an informational injury that causes no adverse e ..read more
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No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
2M ago
By: Michael Jacobsen, Chris Kelleher, and Yoon Woo-Nam Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a survey of how each of the federal Circuit Courts have applied the Supreme Court’s teachings. In our prior installment, we analyzed how the First, Second, Third, and Fourth Circuit Courts of Appeals have interpreted TransUnion. Now, we discuss rulings from the Fifth, Sixth, Seventh, and Eighth Circuits that employers s ..read more
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Justices Mull Fundamental Change To Proving Claims Of Discrimination During Oral Argument On Muldrow v. City of St. Louis
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
2M ago
By: Christine M. Costantino, Taylor Iaculla, and Andrew Scroggins Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate court determination that the transfer decision caused a significant disadvantage. Background Plaintiff Jatonya Muldrow is a sergeant in the St. Louis Police Department. After initially ..read more
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How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following President Biden’s Executive Order on AI
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Rachel V. See Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST.  The Institute has been directed to develop technical guidance used by regulators, such as the EEOC, considering rulemaking and enforcement on discrimination related to AI. The White House has also released for public comment draft guidance relating to the federal government’s use of AI. These standards contain an expansive scope of AI applications in the emp ..read more
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GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Danielle Kays and Kristin Stokes Seyfarth Synopsis:  While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought under the Genetic Information Privacy Act (“GIPA”), 410 Ill. Comp. Stat. Ann. 513/1, et seq.  After GIPA’s 1998 enactment, only two cases were brought under the statute in nearly 25 years; however, in 2023, over 40 GIPA class action complaints have been filed in Illinois courts. What is the Illinois Genetic Information Priva ..read more
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Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job Related
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Matthew J. Gagnon Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal EPA never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs and commentators. This was a notable appeal because it raised several critical issues, any one of which could have changed the contours of equal pay litigation dramatically. The Second Circuit chose to leave most of those issues undecided, and ..read more
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Second Circuit Clarifies One Difference Between The Federal Equal Pay Act And Its New York Counterpart: Federal Law Does Not Require A “Factor Other Than Sex” To Be Job Related
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Matthew J. Gagnon Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued its long-awaited decision in Eisenhauer v. Culinary Institute of America. The Court clarified that the federal EPA never required employers to show that a “factor other than sex” must be related to the job in question, despite what many plaintiffs and commentators have argued over the years. This was a notable appeal because it raised several critical issues, any one of which could have changed the contours of equal pay litigation dramatically. The Second Circuit chose to leave most of those issues un ..read more
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Senate Confirms New EEOC General Counsel As New Case Filings Climb
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Rachel V. See and Andrew L. Scroggins Seyfarth Synopsis: The Senate has confirmed Karla Gilbride as the EEOC’s General Counsel, following an almost two and a half year vacancy. As GC, Gilbride is poised to make her mark on the EEOC’s litigation program by directing and advocating for EEOC’s litigators, both internally and externally. An accomplished disability-rights litigator, Gilbride could potentially further emphasize the EEOC’s upward trend in filing litigation involving disability rights and accommodations. On October 17, 2023, in a 50-46 largely[1]  party-line vote, the Senate ..read more
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No Harm, No Foul?  The Legacy of TransUnion Two Years Later (Continued)
Seyfarth | Workplace Class Action Blog
by Seyfarth Shaw LLP
4M ago
By: Michael Jacobsen Seyfarth Synopsis:  As reported here, to mark the two-year anniversary of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is examining how each of the federal Circuit Courts have applied this significant ruling on standing from the U.S. Supreme Court (see also here).  After serving a pair of district court rulings as an appetizer, the blog moves on now to the main course with the following rulings from the First, Second, Third, and Fourth Circuits that employers should read and consider, as these developments will drive how companies de ..read more
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