Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the…

Proposed EEOC Regulations Mandate Employers to Accommodate Pregnant and Postpartum Workers Regardless of Circumstances

Effective June 27, 2023, covered employers must comply with the Pregnant Workers Fairness Act (PWFA) —a new law that requires covered employers to provide “reasonable accommodations” to workers limited by pregnancy,…

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy.…

U.S. Supreme Court Enacts More Stringent Religious Accommodations Standard for Employers

On June 29, 2023, amid a flurry of other newsworthy opinions, the Supreme Court issued a unanimous ruling in Groff v. DeJoy, modifying the legal standard which courts now must use to determine when an employer has to…

EEOC Guidance Tackles AI and Other Advanced Technologies in Employment Decision Making

Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based…