Discrimination

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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.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use a dark comic sketch from Inside Amy Schumer as a starting point for a serious conversation about antisemitism in the workplace. Joined by Andrew Goretsky, senior regional director of the Anti-Defamation League (ADL) in Philadelphia, they unpack how antisemitic stereotypes, microaggressions, and overt hostility show up on the job, and explore recent ADL research on discrimination against Jewish and Israeli job applicants. The discussion also examines the evolving legal landscape under Title VII, the impact of AI-driven hiring tools on protected groups, and practical steps employers can take to build workplaces that are safer and more inclusive for all employees. Tune in for a thoughtful, candid look at how organizations can recognize, prevent, and respond to antisemitism at work.

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio Department of Youth Services, the Court ruled that a Sixth Circuit requirement that members of a “majority group” (such as heterosexual employees) must satisfy a heightened evidentiary standard for discrimination claims was incompatible with the language of Title VII and with Supreme Court precedent. The unanimous decision written by Judge Ketanji Brown Jackson resolves a circuit split, as the Sixth, Seventh, Eighth, Tenth, and D.C. circuit courts of appeals had previously imposed a higher evidentiary burden on discrimination claims brought by majority group members.

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.

On Tuesday, President Trump radically changed the legal landscape for federal contractors when he revoked an executive order that had been in effect for nearly 60 years. Executive Order 11246, issued by President Johnson in 1965, prohibited federal contractors and subcontractors from discriminating against employees and applicants on the basis of their race, color, religion, sex, or national origin. It also required federal contractors to take affirmative action to employ and advance in employment qualified women and minorities. Trump issued an order on January 21 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which revokes Executive Order 11246 and related executive orders (including one that added sexual orientation and gender identity to the list of protected classes). This action will significantly impact federal contractors and subcontractors, who will be relieved of some (but not all) of their obligations under the federal contract compliance programs.

Q. Is there a new standard in New Jersey for disparate impact discrimination?

A. The New Jersey Division on Civil Rights recently proposed new rules revising the legal standard for disparate impact discrimination and outlining the burdens of proof required under the New Jersey Law Against Discrimination. In addition to outlining a new standard for disparate impact discrimination in employment, the rules also include updated standards and guidance for housing, housing financial assistance, public accommodations, and contracting sectors.

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?

A: New York has long imposed burdensome requirements on employers who want to include confidentiality provisions in settlement agreements resolving claims of discrimination, harassment, or retaliation. New York recently amended those requirements, effective November 17. While the amendments lessen the burden on employers in one respect, they increase the burden in several other respects. Violation of the new requirements will result in the invalidation of the employee’s release. As such, it is critical for employers to understand and comply with these new requirements.

Q: I heard New York City is adding height and weight as protected categories. What does that mean for employers?

A: Effective November 22, height and weight will be added as protected categories under the New York City Human Rights Law. Employers will be prohibited from discriminating against applicants or employees based on their height or weight. There are no definitions for height or weight, meaning these categories are like race or religion, and all ranges of height and weight are protected.

Most companies know that they can’t demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with CyberRisk Alliance VP of People Ying Wong to talk about the popular Netflix show Partner Track, workplace diversity, and unconscious bias.