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In doing so, the proposed rule appears to flip the old presumption on its head, allowing the existence of the prior presumption to serve as evidence of discrimination against those who were excluded from it. Quick Hits The proposed rule replaces the old eligibility framework with a new test requiring applicants to show that a governmental or private entity discriminated against or was biased against their racial, ethnic, or cultural…

Quick Hits The European Union has provisionally agreed to delay the implementation of high-risk AI regulations in employment decisions until December 2, 2027. Subject to formal adoption, the agreement would delay the requirements for “high-risk” systems, which include those intended to be used to make decisions affecting employment terms, promotion, termination, task allocation, and monitoring or evaluating workers’ performance. Although the revised deadline is expected, employers may still want to…

In October 2025, Philadelphia Mayor Cherelle Parker signed amendments to the FCRSSO, effective January 6, 2026. As enacted, the amendments authorized, but did not require, the Philadelphia Commission on Human Relations to create a form of required pre-adverse action notice, an updated summary of rights, and a statement concerning evidence of error or rehabilitation. The Commission has now published a document, titled, “Notice: 2026 amendments to Fair Chance Hiring Law,”…

Quick Hits On June 8, 2026, a Massachusetts federal district court vacated the Trump administration’s $100,000 H-1B fee requirement. On June 11, 2026, the administration filed an appeal of the district court’s decision and on June 12, 2026, asked the district court to stay its decision. With multiple pending challenges in different circuits, the Supreme Court will likely weigh in. Background On September 19, 2025, President Donald Trump issued Proclamation…

Quick Hits ILO Convention No. 193 is the first international labor standard specifically designed for platform and gig economy work. Under the Convention, core protections including minimum wage, social protection, and occupational safety and health (OSH) rights apply to all platform work, regardless of a platform worker’s formal employment classification (e.g., “independent contractor” or “employee”). Algorithmic management is addressed in a binding international instrument for the first time: platforms must…

Quick Hits Governor Jared Polis recently signed legislation that requires employers in Colorado to provide EEO-1 data to the Colorado secretary of state beginning July 1, 2027, even if federal EEO-1 reporting is repealed or discontinued. The new Colorado law may signal a broader trend of state-level action to preserve demographic reporting obligations as the EEOC proposes to eliminate federal EEO-1 reporting. The elimination of federal EEO-1 reporting would create…

Quick Hits Effective January 1, 2027, private employers in Alabama may voluntarily adopt written hiring and promotion preference policies for veterans, spouses of veterans, and spouses of active-duty service members. Employers that implement such policies must notify the Alabama Department of Workforce. The Alabama law’s definitions of veterans and active-duty service members may be narrower than those under USERRA. HB 307 On April 16, 2026, Alabama Governor Kay Ivey signed…

Quick Hits Under the Accessibility for Ontarians with Disabilities Act (AODA), companies with twenty or more employees in Ontario must file an accessibility compliance report by December 31, 2026. The AODA applies to provincially regulated organizations in the Province of Ontario, Canada. Failure to submit the report may lead to potential enforcement action. Background Facts Enacted in 2005, the AODA is Canada’s oldest and most fulsome accessibility legislation. Provincially regulated…

Quick Hits A New Jersey appellate court ruled that employers may be able to claim privilege over certain law firm investigation documents from an investigation initiated prior to a lawsuit under New Jersey law. The court noted that timing of an investigation does not negate privilege if the investigation aims for legal advice or litigation preparation. The court stated that raising an affirmative defense may waive privilege over certain relevant…