By: Taylor Iaculla, Yoon-Woo Nam, and Andrew L. Scroggins

Seyfarth Synopsis: On December 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) published a new fact sheet titled “Wearables in the Workplace: Using Wearable Technologies Under Federal Employment Discrimination Laws.” The fact sheet describes some of the technologies employees may be fitted with, the types of information that may…

Continue Reading (Smart)Watch Out! The EEOC’s Take on Wearable Tech

By: Anthony LaPlaca, Dawn Solowey, Andrew Scroggins & Adrienne Lee

Seyfarth Synopsis:  In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC.  We predicted that the EEOC has “put the construction industry squarely in its sights.”[1] In this follow-up Alert, we discuss recent cases confirming the renewed…

Continue Reading What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

By: Christopher Kelleher, Andrew Scroggins, and Christopher DeGroff

Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there are barriers to equal employment for high tech jobs, which the Agency intends to address through heightened…

Continue Reading EEOC Puts High Tech Employers on High Alert Regarding Discrimination

By: Michael Jacobsen, Connor Bateman, 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…

Continue Reading No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

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…

Continue Reading No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

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…

Continue Reading 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

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…

Continue Reading GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

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…

Continue Reading No Harm, No Foul?  The Legacy of TransUnion Two Years Later (Continued)

By: Annette Tyman and Andrew Scroggins

EEOC equal employment opportunity commission report and gavel.

Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the …

Continue Reading EEOC Issues Technical Assistance Guidance On The Use Of Advanced Technology Tools, Including Artificial Intelligence

By: Christopher Kelleher, Adam Rongo, and Christopher DeGroff

Seyfarth Synopsis: The EEOC has released technical assistance on preventing workplace harassment in the federal sector. While the guidance does not specifically apply to private employers, it provides important lessons for employers when dealing with workplace harassment and avoiding liability in employment litigation, and insight into how the EEOC views…

Continue Reading Government Heal Thyself – Lessons for Private Employers Revealed in EEOC Public Sector Harassment Guidance