Discrimination and Harassment

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the evolving issue of weight discrimination in the workplace. Joined by Lynne Wakefield, a partner in Troutman Pepper Locke’s Employee Benefits and Executive Compensation practice group, they draw on the medical drama The Pitt to discuss obesity, workplace bias, and legal protections. The discussion explores whether weight or obesity may be protected under federal, state, and local anti-discrimination laws, including the unsettled analysis under the Americans with Disabilities Act. They also address key employee benefits considerations surrounding GLP-1 weight-loss drugs. The episode offers practical guidance for employers navigating this complex intersection of workplace fairness and health benefits.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter examine the growing threat of AI deepfakes in the workplace through the lens of The Morning Show. Joined by Lawrence Cameron, Troutman Pepper Locke partner in the firm’s White Collar Litigation + Investigations group, they explore how AI-generated audio, video, and images can create new risks for employers, from fraud and disinformation to harassment, discrimination, and internal investigations. The conversation highlights the challenges employers face in determining what evidence is real, how deepfakes can complicate workplace misconduct investigations, and why companies should stay vigilant as the technology continues to evolve. Tune in for insights on how employers can prepare for deepfake-related incidents, respond appropriately when they arise, and better protect their workplaces in an era where seeing and hearing may no longer be believing.

Q: Can a private employer terminate an employee for social media posts that violate internal policies?

A: The Third Circuit, in a nonprecedential opinion, recently determined that a major airline acted permissibly in firing an employee for sharing offensive social media posts, affirming the district court’s grant of summary judgment grant on all counts.

Q: What is New York’s Adult Survivors Act?

On May 24, New York State enacted the Adult Survivors Act, which provides a one-year “revival window,” commencing on November 24, 2022, for adult victims of sexual abuse. Enactment of such “revival statutes” (a/k/a revival window or lookback period statutes) is the latest trend for #MeToo era legislatures grappling with shifting societal views of limitations periods for sexual abuse claims. Although the parameters of revival statutes can differ, essentially, they provide a limited period, usually at least one year, for sexual abuse victims to file civil claims that would otherwise be time-barred. Often these statutes also include prospective enlargements of civil and criminal limitations periods or otherwise expand the scope of potential liability going forward. In recent years, nearly half of U.S. state legislatures have passed laws opening revival windows for sexual abuse cases.

In Episode 1 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with European Metal Recycling VP of People and Deputy General Counsel Kate Puccio to discuss the hit show Emily in Paris and the lessons learned about national origin based on events from the show. This episode blends pop culture and fashion into a discussion about important and contemporary legal issues in the workplace.

Q: What new employment laws impact Oregon employers?

A. The employment law landscape is shifting in Oregon, with this year’s legislative session bringing several noteworthy changes to the state’s employment laws. In this blog post, we explore some of the more significant changes passed in 2021 and forecast what may come our way in the months ahead.

Troutman Sanders and Pepper Hamilton officially became Troutman Pepper (Troutman Pepper Hamilton Sanders LLP), a national law firm of 1,100 attorneys in 23 U.S. offices. Our new firm offers clients greater resources and bench strength, enhanced practices, and expanded geographical reach.

We are now one of the 50 largest law…

AUTHORS
Ashley Hager, Partner, Troutman Sanders
Seth Ford, Partner, Troutman Sanders
Emily Reber, Associate, Troutman Sanders
Tracey Diamond, Of Counsel, Pepper Hamilton

We are continuing our series of guidance on the new issues facing employers during the COVID-19 outbreak. In our last post, Coronavirus and OSHA: What…