It’s rare that the Form I-9 makes headlines, but tomorrow will be one of those rare occasions! On June 21, 2023, the Department of Homeland Security (“DHS”) announced that on July 25, 2023, it will issue its final rule on its “Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9),” referred to as the “Alternative Process.”
Archives for July 24, 2023
2023 Mid-Year Report: OSHA Update
No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.
2023 Mid-Year Report: Ethics of Artificial Intelligence
No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.
2023 Mid-Year Report: AI Update
No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.
Using AI to Speed Through Candidates? Slow Down and Consider the Risks
The appeal of artificial intelligence (AI) is more real than ever as we see an explosion of interest in using AI technology to make everyday life — and work — easier. Many retailers, for example, are considering AI to streamline their recruitment processes. While AI can conserve resources and accelerate hiring for high-turnover positions, employers need to consider the legal risks.
Marla Presley Spotlighted by Pittsburgh Post-Gazette for ACBA President Appointment
Marla Presley was featured in the Pittsburgh Post-Gazette for her appointment as the 115th President of the Allegheny County Bar Association in “Cross-checking the stereotypes: County Bar Association President Battles in Court and on the Ice,” published by Pittsburgh Post-Gazette.
Religious Accommodation Requirements Just Took a Turn
One of the trickier issues in the workplace can be a religious accommodation request, and on June 29, it got a lot trickier. In Groff v. DeJoy, No. 22-174 (June 29, 2023), the US Supreme Court decided a case involving a mail delivery employee working for the United States Postal Service. An Evangelical Christian, he asserted that his religious belief required that Sundays be devoted to worship and rest, not work. He eventually resigned after being disciplined for missing several Sundays.
Practical Considerations for Corporate DEI Programs Following the Supreme Court’s Affirmative Action Decision
On June 29, 2023, in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, the US Supreme Court made it unlawful for universities and colleges to consider a college applicant’s race in college admissions decisions designed to achieve the objective of a more diverse student body. Although the decision does not address corporate diversity, equity, and inclusion (DEI) efforts in the workplace, the upshot of the Court’s ruling could have implications for such efforts, including federal contractor affirmative action programs.
Goldberg Segalla Welcomes Bingyang Zhang
Goldberg Segalla added Bingyang Zhang to the firm’s Workers’ Compensation practice group in Newark.
Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives
On June 23, 2023, the U.S. Supreme Court overturned a 20-year precedent in two lawsuits: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina (SFFA v. Harvard/UNC). These lawsuits challenged race-based admission policies. Justice Roberts, authoring the majority opinion, insisted that race cannot be a deciding factor in university admissions, but did not exclude considering an applicant’s racial experiences if tied to unique character traits or abilities. He emphasized that the Fourteenth Amendment’s Equal Protection Clause applies to everyone, irrespective of race, color, or nationality. Justice Roberts critiqued the affirmative action programs for their lack of clear objectives, negative racial implications, and racial stereotyping, concluding, “We have never allowed admissions programs to function this way, and we won’t begin today.”
Confused by Corporate Jargon? This Buzzword Survival Guide Is Here to Help
Nearly half of employees say that confusing office language caused them to slip up at work in the past. One company says it can help them avoid that pitfall.
Job applicants are battling AI résumé filters with a hack
‘White fonting’ is used to bypass AI and other tech filters. But is it cheating?
When Your Employee Isn’t Reaching Their Full Potential
Three potential reasons for their poor performance, and how to address them.
How to Effectively — and Legally — Use Racial Data for DEI
After the Supreme Court’s ruling on affirmative action, avoid harmful overreactions that don’t reflect real legal risks.
Law firm Littler hires EEOC chief counsel amid rise of AI
Labor and employment law firm Littler Mendelson said Monday that it has hired Bradford Kelley from the U.S. Equal Employment Opportunity Commission, where he was chief counsel to Commissioner Keith Sonderling since 2020.