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 Danielle Kays and Danny Riley, Law Clerk

Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action.  BNSF contends that the verdict, which resulted in a court award of $228 million in damages, is unconstitutional and unreasonable

Continue Reading BNSF Seeks New Trial After First Ever BIPA Jury Verdict Because Damages Are Unconstitutional And Unreasonable

By: Christopher J. DeGroff, Sarah K. Bauman, and James P. Nasiri

Seyfarth Synopsis: Last year was one of change and recovery for the EEOC as a result of the pandemic and new leadership.  With the new leadership regime and structural changes at the EEOC came an uptick in filings from FY 2021, with nearly half of those occurring
Continue Reading EEOC Fiscal Year-End Filings Eerily Quiet: Litigation Fizzle Or Calm Before The Storm?

By: Matthew J. Gagnon

Seyfarth Synopsis: This is the third in a series of posts covering recent trends in equal pay litigation. This post discusses how plaintiffs have sought to expand the possibilities of an equal pay claim by whittling away the defenses allowed to employers. In particular, plaintiffs’ counsel have argued that an employer cannot rely on a policy
Continue Reading Equal Pay Litigation Trends Update: Stretching The Boundaries Of Equal Pay Litigation

Explosion, Fire, Forest, NatureBy Gerald L. Maatman, Jr.

 Seyfarth Synopsis: On an annual basis the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate defendants in the fair and unbiased administration of justice. The ATRA recently published its 2021-2022 Report and California is identified as the most disadvantageous
Continue Reading The 2021-2022 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

We are pleased to present our latest vlog featuring Jennifer Riley and Alex Karasik, members of Seyfarth’s Biometric Privacy Class Action Team, with their thoughts, analysis, and practical guidance on workplace privacy laws and regulations affecting employers in Illinois, New York City, California, and elsewhere in the United States. Join our panel of experts for a discussion on BIPA
Continue Reading Video Blog: Introduction And Overview Of Biometric Privacy Laws

By: Matthew J. Gagnon and Tyler Z. Zmick

Seyfarth Synopsis: Following the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity and Equality. The EEOC contributed to the Strategy and supports its full implementation, suggesting that gender-related issues –
Continue Reading White House Releases First-Ever “National Strategy On Gender Equity And Equality”

By Gerald L. Maatman, Jr.Thomas E. Ahlering and Andrew R. Cockroft

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability.  Employers who do business in New York City should carefully review this new ordinance as well as any

Continue Reading New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

By Karla Grossenbacher, Thomas E. Ahlering & Andrew R. Cockroft

Seyfarth Synopsis: Both Portland and New York City have followed the example set by Illinois’ Biometric Information Privacy Act (“BIPA”), a statute that has spawned thousands of cookie-cutter class action suits regarding the alleged collection of biometric information. Like BIPA, these new ordinances create a private right of action


Continue Reading Portland, OR And New York City Follow Illinois’ Lead On Private Rights Of Action In Biometric Privacy Legislation

 By Gerald L. Maatman, Jr. and Thomas E. Ahlering

Seyfarth Synopsis: Following in the footsteps of New York, Maryland recently introduced a standalone biometric information privacy bill, House Bill 218, that mirrors Illinois’ highly litigious Biometric Information Privacy Act (740 ILCS § 14/1 et seq., “BIPA”) in many respects.  Most notably, as presently drafted, Maryland’s proposed bill, like
Continue Reading Maryland Joins Growing Number Of States Introducing Biometric Information Privacy Bills With Potential To Spur Class Action Litigation