Compliance Stuff

Key Takeaways from the November 2025 Webinar   Artificial Intelligence (AI) is rapidly transforming every stage of the employment cycle —from recruiting and selection assessments to performance management and workplace safety and employee monitoring. In a recent  expert panel webinar , Berkshire brought together a lawyer, a labor economist, and an industrial organization psychologist to discuss practical strategies to ensure defensibility and compliance as employers navigate the evolving regulatory landscape for AI tools in HR.   Below, we summarize the core discussion points and share actionable recommendations for employers considering or currently implementing AI in their employment processes.   Foundational Legal Considerations Existing Federal Laws Apply:   AI tools used in employment decisions are covered by long-standing federal anti-discrimination statutes (Title VII, ADEA, ADA), not just...

Seyfarth Synopsis:   While we viewed the EEOC’s Fiscal Year 2024 as “ sluggish ,” the Commission entered FY 2025 with a hefty budget, a brimming pipeline of charges, and a Democratic majority of Commissioners, suggesting a robust year of EEOC-initiated litigation was on the way. The EEOC’s fiscal year closed today , and what promised to be an watershed year was anything but.  The Trump Administration’s swiftly implemented leadership changes, budget cuts, and dramatic shift in priorities led to a roller-coaster for field staff and employers alike. Ultimately, the EEOC filed just 93 lawsuits in FY 2025, marking a ten-year low in Commission litigation activity. Despite a notable pullback in litigation activity, a close analysis of FY 2025 filings can help employers identify the EEOC’s priority areas and understand what to expect going forward. In previous administrations, the EEOC’s litigation arm was extraordinarily active, filing as many as 300 merit lawsuits in a given year. T...

May an employee assert a hostile work environment claim under the Age Discrimination in Employment Act (ADEA)? In  Blumenshine v. Bloomington School District No. 87 , the U.S. Court of Appeals for the Seventh Circuit responded affirmatively, and, in so doing, joined a number of its sister circuits that had previously recognized such a claim. This case serves as a significant reminder to employers to understand how age discrimination can manifest in the workplace and the legal standards required to prove such claims. Quick Hits The Seventh Circuit Court of Appeals joined multiple other federal courts of appeals in finding that hostile work environment claims are viable under the ADEA . As part of stating an age discrimination claim, an employee must establish that the complained-of conduct is based on his or her age. Speculative and conclusory allegations are not sufficient to support a claim of age-based harassment. Background The plaintiff was a long-tenured and “exemplary” teache...

At a Glance Seventh Circuit rejects “lenient”  Lusardi  standard for issuing notice of collective actions and introduces more flexible approach. Under the new approach, plaintiffs must make a threshold showing that there is a material factual dispute as to whether the proposed collective is similarly situated, and defendants can submit rebuttal evidence, which the district courts must consider. The opportunity to present opposing evidence renders an employer’s initial factual investigation even more critical, as the evidence presented in rebuttal to a plaintiff’s evidence can avoid notice altogether or greatly limit its scope.  In a significant shift from longstanding precedent, the U.S. Court of Appeals for the Seventh rejected the widely used two-step “ Lusardi ” 1  framework for issuing notice in collective actions under Section 216(b) of the Fair Labor Standards Act (FLSA), which applies to claims under the FLSA, the Age Discrimination in Employment Act (ADEA), a...