Title VII’s Future Will Be Shaped by AI, Recent SCOTUS Rulings, Attorneys Say
Title VII of the 1964 Civil Rights Act is one of the most crucial — and, in the nation’s courtrooms, one of the most active — employment law statutes. On the cusp of its 60th anniversary, the law’s anti-discrimination provisions remain a topic of complex debate, and sources who spoke to HR Dive expect the conversation to carry on well into the next several years.
“I think we will continue to see an expansion of Title VII through case law and not through legislative changes,” said Stephanie Kaplan, partner at Blank Rome. “That’s a trend that I see continuing in the near term.”
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Such issues are already being litigated in lower courts, but one key question has emerged on how to strike the balance between religious freedom protections and Title VII’s anti-discrimination requirements, according to Kaplan.
“We’re continuing to see this tension in the case law between religious freedom and the implications for civil rights related to sexual orientation and gender identity,” she said. “It’s clear to anyone watching these issues that the Supreme Court is very protective of religious freedom, and with the current court composition, I don’t see that changing in the near future.”
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"Title VII’s Future Will Be Shaped by AI, Recent SCOTUS Rulings, Attorneys Say," by Ryan Golden was published in HR Dive on July 1, 2024.