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Tuesday, September 1, 2026

Beyond the Uniform Guidelines: Why Employers Should Continue Monitoring Employment Decisions for Disparate Impact - Law.com

For nearly 50 years, employers and federal agencies have used the Uniform Guidelines on Employee Selection Procedures to evaluate whether selection procedures produce unlawful disparate impact. Although the guidelines may disappear from the federal rulebook, disparate impact liability will not disappear with them.

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Tennessee recently passed a law banning noncompete agreements for workers making less than $70,000 per year while making them easier to enforce against workers who earn above that threshold, a contrast with other states that have banned or sharply restricted noncompetes across the board.

The complaint framed the case as "a textbook example of intersectional discrimination, where an employer's purported commitment to diversity and inclusion was betrayed by its actual treatment of a Black female attorney."

"It just seems to me that [in] characterizing [this] as jurisdictional, one of the problems with it is then any time anything happens in the workplace or arguably near the workplace, as long as you categorize it as workers' comp, then there's no kind of inquiry into the into the merits of whether or not it's really [worker's comp]," a Georgia Court of Appeals judge said during oral arguments on Thursday.



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