This week, we’re focusing on recent decisions by the Supreme Court of the United States (SCOTUS) on affirmative action and religious accommodations, and New York City’s enforcement of the automated employment decision tool (AEDT) law.

Affirmative Action Takes a Hit

Last Thursday, SCOTUS ruled on affirmative action, holding that universities may not explicitly consider race in college admissions. This decision sparks immediate changes for academia and shines a light on employer practices that seek to enhance diversity in the workplace—particularly for federal contractors. Learn more.

SCOTUS Reinforces Religious Accommodations

In a decision involving a postal worker’s religious right to take off work on Sundays, SCOTUS ruled in favor of the former employee. The court's clarification on what constitutes an undue burden on a company when it comes to religious accommodations introduces a higher threshold for employers seeking to refuse such requests based on increased costs. Learn more.

NYC Enforces Local Law 144/21, a.k.a. AEDT Law

The New York City Department of Consumer and Worker Protection announced that it will begin enforcement of Local Law 144/21 and a “Final Rule” for the AEDT law on July 5, 2023. An employer or employment agency that uses an AEDT in New York City to screen a candidate or employee for an employment decision must subject the AEDT to a bias audit within one year of its use, make information about the bias audit publicly available, and provide notice of the use of the AEDT to employees or job candidates. Learn more.

Other Highlights

Reminder: Minnesota Non-Compete Ban Takes Effect on Saturday, July 1
Workforce Bulletin
David J. Clark

Colorado Employers’ Pay Transparency Obligations Are Changing in 2024
Workforce Bulletin
Susan Gross Sholinsky, Eric I. Emanuelson Jr., Naomi C. Friedman

Workforce (re)newed: Epstein Becker Green’s 42nd Annual Workforce Management Briefing

DoorDash Decides to Offer Drivers Hourly Wages
Law360 Employment Authority (subscription required)
Paul DeCamp quoted

Halting Harassment®: Online Training
Learn more about our interactive anti-harassment training and how it can protect your organization.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


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