Insights

Washington – August 15, 2024: The 2025 edition of The Best Lawyers in America® has recognized 42 Crowell & Moring lawyers as "Best Lawyers" and 29 lawyers as “Ones to Watch.”

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

Washington – August 18, 2022: The 2023 edition of The Best Lawyers in America® has recognized 54 firm lawyers as "Best Lawyers" and 32 lawyers as “Ones to Watch.”

On May 17, 2024, Colorado Governor Jared Polis signed S.B. 24-205, Consumer Protections for Artificial Intelligence, the first state law in the country to regulate employers’ use of artificial intelligence in employment decisions.  This law regulates both companies that develop and companies that deploy “high-risk” artificial intelligence systems (“AI systems”).  In particular, the law sets forth a set of provisions designed to ensure that developers and deployers use “reasonable care” to protect consumers from any “known or reasonably foreseeable risks to algorithmic discrimination” arising from the use of the AI system.  The law then creates a rebuttable presumption, for both deployers and developers, that reasonable care was used if they meet specific requirements and disclose key information about high-risk AI systems.  This law will be enforced by the Colorado Attorney General, and a violation of the law constitutes an unfair trade practice.  The law becomes effective on February 1, 2026.

The EEOC has released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064 (Apr. 29, 2024) (the “Guidance"). The Guidance addresses a number of timely issues and should be of great interest and practical use for employers, as it sets out the EEOC’s position on such questions as the tension between pronoun usage and religious practice; abortion in the context of sex harassment; and social media as the basis for a harassment claim. This update is the first of its kind in 30 years, and largely tracks the proposed guidance that the EEOC issued in October of 2023.  

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced in a press release its implementation of a Final Rule on the Pregnant Workers Fairness Act (“PWFA”), published that day in the Federal Register.  The Final Rule fundamentally extended the PWFAs protections, broadly defining what had been ambiguous phrases to expand the scope of individuals qualifying for accommodations, when employees and applicants for employment may seek an accommodation, and how employers should engage with them upon receiving a request for accommodation.

Since the November 2022 release of ChatGPT, generative AI has been a regulatory accelerator for governance of AI writ large. Individuals, organizations, industries, and governments across the world have grappled with the implications of AI, including how it is and could be regulated using existing and new legal frameworks. For example, since our December 2023 update:

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.