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“ We collaborate with employers and employees to build respectful organizations through high-quality training, objective and unbiased complaint investigations, human resources and employment law expert testimony, and a wide range of human resources consulting services. ”

The EPS Team

LATEST NEWS AND STORIES

  • Colorado Supreme Court Finds Self-Defense Exception to At-Will Employment

    According to a recent Colorado Supreme Court decision, Colorado employees have the right to self-defense in the workplace, irrespective of their employer’s policies.

  • Emory Law Students Push for Judicial Workplace Protections

    Employer Insight: A group of Emory University Law clinic students petitioned the Supreme Court to consider a case challenging the federal judiciary’s lack of workplace protections for its 30,000 employees, including interns, clerks, probation officers, and public defenders. Among the numerous requests that Emory’s Supreme Court Advocacy Program received to pursue claims, this case was considered priority.

  • EEOC Shares Priorities for Years 2025-2029

    Employer Insight: The EEOC published its new National Enforcement Plan (NEP), providing a roadmap for its investigative priorities over the next few years. The NEP replaces the previous one for the years 2024-2028.

  • Texas Judge Indicates Non-Lawyer AI “Chat” May Be Protected

    In a discovery motion before it, a Texas state judge reviewed ChatGPT “conversations” with the plaintiff’s principal, a non-lawyer, in Tate Group Automotive v. Legacy Automotive Capital. The plaintiff did not produce the conversations in discovery, claiming they qualified as attorney work product.

  • DOJ Opinion Concludes EEOC’s Disparate Impact Guidelines Unconstitutional

    In its opinion, the DOJ stated Title VII “guarantees equal treatment, not equal outcomes.” A disparate impact claim argues that the impact of facially neutral employment policies and practices is discriminatory. It does not consider the employer’s intent.

  • Employee Alleging Discrimination Must Show Comparator

    The Fifth Circuit Court of Appeals reaffirmed its precedent that employees alleging discrimination must point to a similarly situated comparator outside the protected class. (Bravo v. Dallas Independent School District) Joe Bravo, the plaintiff, had argued that the U.S. Supreme Court’s decision in Ames v. Ohio Department of Youth Services had relaxed that requirement. The Fifth Circuit’s decision reflects a divide among the circuit courts.

  • One Quarter of Workers Stuck in Mid-Career Stall

    Employer Insight: A May 2026 study from NYU and The Burning Glass Institute shared that 24.2% of mid-career professionals have stalled careers. They defined stalled as a period of five years or more without a meaningful promotion and negligible wage increases. Most official statistics do not track this information, with the researchers calling it a “hidden crisis.”

  • Firing for Offensive Remarks Upheld by Appellate Court as Non-Discriminatory

    In an unpublished opinion, the Fifth Circuit Court of Appeals affirmed summary judgment for an employer that fired an employee for offensive remarks. Barbie Bassett worked for WLBT, a Gray Media Group station in Mississippi. Bassett worked as the morning news anchor and co-host for a mid-morning show. WBLT required its anchors to avoid any conduct that might “reflect negatively on [the TV station] or its reputation in the community.” Anchors were also restricted from acting in a way that could “degrade” them or subject them to “public disrepute, contempt, scandal or ridicule, or tend to shock or offend the community.”