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U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard

On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning...more

Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more

‘Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more

Strategies for Investigating Misconduct Against Superstars, C-Suite Employees in Retail Industry

In the retail industry, when superstars, C-suite employees, and other high-achieving individuals are accused of misconduct, the company has a significant management challenge to address the situation in an unemotional,...more

EEOC Hosts Virtual Hearing On Civil Rights Implications Of COVID-19 Pandemic In The Workplace

In its first all-virtual/remote video-cast hearing, the Equal Employment Opportunity Commission (EEOC) discussed workplace civil rights implications of the COVID-19 pandemic for employees and employers. During the hearing,...more

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