On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released new “Questions and Answers” guidance on “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used […]
DOJ and EEOC Ask Supreme Court to Clarify What Employment Actions Can Be the Basis for a Title VII Discrimination Suit
On June 30, 2023, the Supreme Court granted certiorari in Muldrow v. City of St. Louis on the limited question of if “Title VII prohibit[s] discrimination in transfer […]
Fifth Circuit Expands Title VII Employee Protections
On August 18, 2023, the Fifth Circuit, sitting en banc, reversed longstanding Fifth Circuit precedent limiting actionable instances of discrimination under Title VII to so-called “ultimate employment decisions,” […]
Supreme Court Clarifies Standard for Showing Harm Under Title VII
On April 17, 2024, the U.S. Supreme Court found that a Title VII plaintiff need only show they suffered “some harm” in an identifiable term or condition of […]
EEOC Opens EEO-1 Data Collection and Cautions Employers There Is No “Diversity Exception” to Title VII
Updated August 6, 2025. On August 1, 2025, DOJ’s Civil Rights Division announced it had terminated a 1981 court-ordered consent degree in Luevano v. Ezell. The press release […]
Sixth Circuit Departs from Circuit Weight of Authority and Limits Title VII Liability for Non-Employee Harassment
On August 8, 2025, the United States Court of Appeals for the Sixth Circuit held that Title VII of the Civil Rights Act of 1964, 42 U.S.C. § […]
EEOC’s Pregnant Workers Fairness Act Rules Follow Title VII Regarding Abortion, Lawyers Say
Republican states challenging federal regulations providing for time off for an abortion under the Pregnant Workers Fairness Act will face a substantial hurdle as the rule mirrors well-established […]