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Friday, November 29, 2024

‘Active times’ for employment law as courts wade through new rules - Legal Dive

State mandates, an EEOC guidance update on workplace harassment and the end of Chevron deference have injected uncertainty into employment law.

Published Sept. 18, 2024

Justin Bachman Senior Reporter

Companies face an expanding field of employment liability issues that require careful legal consideration, issues ranging from the use of artificial intelligence in screening job applicants to remote employees’ workplace harassment claims to transparency around wages.

Given the abundance of new employment liability issues confronting employers, it’s an understatement to say that 2024 is a dynamic period for in-house counsel and their outside firms.

“These are really active times in the workplace legal landscape,” Sarah Skubas, an attorney and employment law specialist with Jackson Lewis PC in Hartford, Conn., said Wednesday on an employment liability webinar sponsored by Travelers Insurance.

In April, the Equal Employment Opportunity Commission issued a major update of its enforcement guidance for workplace harassment, its first revisions in a quarter century on unlawful harassment that also outlined new Title VII protections for LGBTQ+ and transgender workers, along with additional protections for pregnancy, childbirth or a related medical issue.

The EEOC guidance also said that remote virtual workers can be subject to workplace harassment, just as those at a physical work site.

Weeks later, 18 states sued to block the guidance arguing that the EEOC exceeded its authority in...



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