We are pleased to share a recent SHRM article, “EEOC General Counsel: Anti-Discrimination Damages Caps Are Too Low,” with insights from our own JT Charron. Million-dollar jury verdicts in equal employment opportunity cases sometimes mask large cuts in final judgment due to federal caps on compensatory and punitive damages. Karla Gilbride, the EEOC’s general
Discrimination
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What Canadian Employers Need to Know to Ring in 2024
In 2023, we helped Canadian employers overcome a host of new challenges across the employment law landscape. Many companies started the year with difficult cost-cutting decisions and hybrid work challenges. We’ve worked hard to keep our clients ahead of the curve on these issues, as well…
Biden’s Wide-Ranging Executive Order on Artificial Intelligence Sets Stage For Regulation, Investment, Oversight and Accountability
On October 30, 2023, President Biden issued a 63-page Executive Order to define the trajectory of artificial intelligence adoption, governance and usage within the United States government. The Executive Order outlines eight guiding principles and priorities for US federal agencies to adhere to as they adopt, govern and use AI. While safety and security are predictably high on the list, so too is a desire to make America a leader in the AI industry including AI development by the federal government. While executive orders are not a statute or regulation and do not require confirmation by Congress, they are binding and can have the force of law, usually based on existing statutory powers.
Instruction to Federal Agencies and Impact on Non-Governmental Entities
The Order directs a majority of federal agencies to address AI’s specific implications for their sectors, setting varied timelines ranging from 30 to 365 days for each applicable agency to implement specific requirements set forth in the Order.
The actions required of the federal agencies will impact non-government entities in a number of ways, because agencies will seek to impose contractual obligations to implement provisions of the Order or invoke statutory powers under the Defense Production Act for the national defense and the protection of critical infrastructure, including: (i) introducing reporting and other obligations for technology providers (both foundational model providers and IaaS providers); (ii) adding requirements for entities that work with the federal government in a contracting capacity; and (iii) influencing overall AI policy development.Continue Reading Biden’s Wide-Ranging Executive Order on Artificial Intelligence Sets Stage For Regulation, Investment, Oversight and Accountability
Brazil’s New Equal Pay Law Requires Publishing Biannual Reports
In “Brazil’s new equal pay law: closing the gap,” partners Clarissa Lehmen and Leticia Ribeiro discuss how Brazil’s new law on equal pay puts pressure on local employers to proactively address gender equality issues within their organizations.
Read on to see how the new law introduces stricter penalties for discrimination, establishes a reporting obligation for…
Minimizing Discrimination Risks In Export Control Compliance
Special thanks to co-authors Eunkyung Kim Shin and Alexandre Lamy.
Last month, the U.S. Department of Justice issued a new fact sheet reminding employers of how to simultaneously comply with export control regulations and avoid running afoul of anti-discrimination provisions contained in the Immigration and Nationality Act. The new fact sheet aligns with recent…
European Union: Equal Pay and the Pay Transparency Directive – more than just transparency
Special thanks to co-authors, Stephen Ratcliffe, Monica Kurnatowska and Rob Marsh.
The European Parliament has now formally adopted the Pay Transparency Directive having reached political agreement on its provisions with the Council of the EU at the end of 2022. Its provisions are likely to enter into force in most EU member states…
ID&E IMPACT: Protecting Against Unintended Discrimination During Layoffs (Video)
As volatility and uncertainty in the global economy continues, many multinationals are taking (or considering) major changes to their workforce composition. Labor costs are typically the largest cost center for any company, so of course businesses need to understand how best to flex up and down as markets change. At the same time, a company’s…
Running a Privacy Law-Compliant Inclusion & Diversity Data Collection Program Globally
Many thanks to our data privacy colleague, Helena Engfeldt, for co-authoring this article.
Many organizations are proactively advancing diversity and inclusion goals globally to include a focus on recruitment and employee-directed initiatives. These efforts are consistent with organizational values and business goals, even in cases where diversity data collection may have the…
The COVID-19 Employment Litigation Landscape – Is It All Uphill From Here? (Video)
When world economies face challenges, employment litigation claims of all types arise. In this Quick Chat video, our Labor and Employment lawyers discuss the range of trending employment-related claims and cases and share what employers can do to best position themselves to manage impending litigation.
Click here to watch the video.
Review our brochure, COVID-19…
Avoiding Discrimination Lawsuits Following Layoffs (Video)
As a result of the pandemic, many companies have been forced to consider layoffs and furloughs. In this video, our Labor and Employment attorneys discuss how employers should approach such cost-cutting measures to ensure they are not discriminatory and to avoid allegations of differential treatment.
Click here to watch the video.