Litigation and Trials
2023 RECAP
2023 Recap
Blockbuster SCOTUS Rulings Impact Employment Practices The Supreme Court continued to shape the workplace law landscape in 2023 by ruling on an array of issues involving religious accommodations, arbitration, union strike misconduct, overtime pay, and more. Additionally, the Court’s affirmative action decision will surely raise workplace-related questions regarding DEI best practices and compliance with anti- discrimination laws, making it essential for employers to stay updated. EEOC Settles Its First-Ever AI Bias Lawsuit As employers adapted to new technology in 2023, federal regulators made clear that existing rules still apply to evolving technology. The EEOC – which is charged with enforcing federal anti-bias laws – recorded its first-ever settlement in a case involving AI discrimination in the workplace. And this settlement certainly won’t be the last. The agency has also launched a broader initiative to ensure AI workplace tools comply with anti-discrimination laws. Federal Appeals Court Expands Scope of Anti-Bias Law The 5th Circuit Court of Appeals – which oversees cases arising out of Texas, Louisiana, and Mississippi – opened the door for plaintiffs to file more discrimination charges and lawsuits. The court ruled that employees are not limited to bringing Title VII claims only when subjected to “ultimate employment decisions” like terminations or applicant rejections. The decision serves as a good reminder to ensure your anti-bias policies and practices are current and effectively administered.
Suzanne Michael Partner Seattle/Portland Litigation Co-Chair smichael@fisherphillips.com
Todd Ewan Partner Philadelphia/Pittsburgh Litigation Co-Chair tewan@fisherphillips.com
Kristen Nesbit Co-Regional Managing Partner Los Angeles California Litigation Co-Chair knesbit@fisherphillips.com
Karl Lindegren Partner Irvine/Los Angeles
California Litigation Co-Chair klindegren@fisherphillips.com
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