David Schwartz on Equal Employment Opportunity Commission (EEOC)

Court Blocks Certain Key Provisions of DEI Executive Orders, but Employers Should Continue Reviewing Practices and Policies

On February 21, 2025, the U.S. District Court for the District of Maryland paused the enforcement of certain portions of the Trump administration’s executive orders related to diversity, equity and inclusion (DEI) efforts....more

2/25/2025 / Constitutional Challenges , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Enforcement Actions , Equal Employment Opportunity Commission (EEOC) , Executive Orders , False Claims Act (FCA) , Federal Contractors , First Amendment , Trump Administration

DEI: Trump Takes Aim at Diversity Initiatives

Two executive orders have important implications for diversity, equity and inclusion (DEI) efforts. “Ending Radical and Wasteful Government DEI Programs and Preferencing” (Executive Order 14151), issued on January 20, 2025,...more

1/30/2025 / Affirmative Action , Anti-Discrimination Policies , Civil Rights Act , Diversity and Inclusion Standards (D&I) , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Federal Contractors , Federal Funding , Trump Administration

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

1/20/2025 / Affirmative Action , Civil Rights Act , Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Race Discrimination , SCOTUS , Title VII , Trump Administration

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs

Key Points - - In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more

12/13/2023 / Affirmative Action , Class Action , College Admissions , Diversity , Diversity and Inclusion Standards (D&I) , Educational Institutions , Equal Employment Opportunity Commission (EEOC) , LGBTQ , NASCAR , SCOTUS , Securities and Exchange Commission (SEC) , Securities Litigation , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

11/16/2023 / Americans with Disabilities Act (ADA) , Anti-Discrimination Policies , Artificial Intelligence , Automated Decision Systems (ADS) , Bias , Biden Administration , Breach of Contract , CA Supreme Court , City of New York , Collective Bargaining , Diversity , Earned Sick and Safe Time Act , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Equal Pay , Executive Orders , Final Rules , French Language Requirements , Governor Newsom , Joint Employers , New Guidance , NLRA , NLRB , Non-Compete Agreements , Notice Requirements , Paid Sick Leave , Penalties , Pregnant Workers Fairness Act , Private Attorneys General Act (PAGA) , Proposed Regulation , Reasonable Accommodation , Reporting Requirements , Restructuring , Retaliation , SCOTUS , Surveillance , Venture Capital

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

9/21/2023 / Affirmative Action , Civil Rights Act , Diversity and Inclusion Standards (D&I) , Equal Employment Opportunity Commission (EEOC) , Equal Protection , Policies and Procedures , Putative Class Actions , Race Discrimination , SCOTUS , Sex Discrimination , Students for Fair Admissions v Harvard College , Students for Fair Admissions v University of North Carolina , Title VI

Potential Private Sector Implications of the Supreme Court's Affirmative Action Ruling

The U.S. Supreme Court’s landmark decision in the cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina upended prior...more

Employment Flash - September 2022

This edition summarizes key employment law developments over the past six months, including amendments to the rules implementing the SEC’s whistleblower program, partnerships among U.S. federal agencies to prevent...more

9/30/2022 / Diversity , Diversity and Inclusion Standards (D&I) , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Human Resources Professionals , International Labor Laws , Joint Employers , Minimum Wage , NLRB , Securities and Exchange Commission (SEC) , Wage and Hour

Key Labor Considerations for Return-to-Office Plans

At this stage of the pandemic in the United States, vaccines are widely accessible, and states and municipalities are rapidly lifting restrictions. However, before employees return to physical work sites, employers must...more

7/1/2021 / Americans with Disabilities Act (ADA) , Civil Rights Act , Coronavirus/COVID-19 , Employee Incentive Plans , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Infectious Diseases , Reasonable Accommodation , Title VII , Vaccinations , Workplace Safety

Four Questions on Directors’ Minds as the World Returns to Work

The extent to which employers can require vaccinations and testing will shape the reopening process. Employers also worry about potential COVID-related liabilities....more

6/16/2021 / Americans with Disabilities Act (ADA) , Board of Directors , Coronavirus/COVID-19 , Employer Liability Issues , Employment Policies , Equal Employment Opportunity Commission (EEOC) , Infectious Diseases , Vaccinations , Workplace Safety

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

10/16/2020 / Administrative Procedure Act , Amended Rules , Arbitrary and Capricious , Bias , California , California Family Rights Act (CFRA) , Collective Redundancies Directive , Coronavirus/COVID-19 , Delivery Drivers , Department of Labor (DOL) , Earned Sick and Safe Time Act , Economic Realities Test , Electronic Protected Health Information (ePHI) , Employee Benefits , Employee Privacy Rights , Employee Training , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Executive Orders , Fair Labor Standards Act (FLSA) , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Federal Bans , Federal Contractors , Federal Labor Laws , Federal Trade Commission (FTC) , France , Germany , Governor Newsom , Independent Contractors , International Labor Laws , Joint Employers , Local Ordinance , LPTA , Mayor de Blasio , Mileage Reimbursement , New Rules , New York , NLRB , Non-Compete Agreements , Occupational Exposure , OFCCP , Paid Sick Leave , Pay Data , Proposed Rules , Reasonable Accommodation , Reduction in Hours , Remote Working , Ridesharing , Safe Time , Sick Leave , State Labor Laws , Trump Administration , UK , Virus Testing , Workplace Safety

Developing a Diverse Workforce

Issues of racial equality have at times dominated news cycles this year. Against this backdrop, and notwithstanding the other challenges of 2020, many employers are working to meaningfully enhance their approaches to...more

10/2/2020 / Affirmative Action , Civil Rights Act , Diversity , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Federal Labor Laws , Hiring & Firing , Recruitment Policies , State Labor Laws , Strategic Planning , Title VII

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

7/20/2020 / Adverse Employment Action , Age Discrimination , Appeals , Ballots , Business Closures , CARES Act , Certification Requirements , City of Los Angeles , Civil Rights Act , Contact Tracing , Coronavirus/COVID-19 , Delivery Drivers , Department of Labor (DOL) , Emergency Orders , Employee Privacy Rights , Employee Retention , Employee Rights , Equal Employment Opportunity Commission (EEOC) , Fair Credit Reporting Act (FCRA) , Families First Coronavirus Response Act (FFCRA) , Family and Medical Leave Act (FMLA) , Foreign Workers , France , Hiring & Firing , Independent Contractors , International Labor Laws , LGBTQ , Local Ordinance , Misclassification , NLRB , Notice Requirements , Over-Time , Paid Family Leave Law , Posting Requirements , Re-Opening Guidelines , Rehiring Issues , Restrictive Covenants , Return-to-Work Agreements , Right of Recall , San Francisco , SCOTUS , Sex Discrimination , Sexual Orientation , Sexual Orientation Discrimination , Title VII , Transgender , UK , Unemployment Benefits , Unemployment Compensation System , Unlimited Benefits , Vacation Pay , Vicarious Liability

Considerations for Returning to Workplaces in the Wake of COVID-19

As employers look to bring their workforces back to the workplace, they face a range of new guidance, regulations, statutes and orders issued by federal, state and local governments and agencies. Employers will need to assess...more

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

12/13/2019 / Appeals , Arbitration , Arbitrators , Ballot Measures , Bipartisan Agreement , Burden of Proof , Dynamex , EEO-1 , Employee Monitoring , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Equal Pay , EU , Exemptions , Fair Labor Standards Act (FLSA) , Federal Contractors , Governor Vetoes , H-1B , Independent Contractors , Joint and Several Liability , Judicial Review , Minimum Salary , Multiemployer Plan , NLRB , Non-Compete Agreements , NYHRL , OFCCP , Offer of Judgment , Pay Data , Private Equity Funds , Repeal , Rescission , Retaliation , Retroactive Application , Right to Picket , Sexual Harassment , State Labor Laws , Strict Liability , Sun Capital Partners , Title VII , Trump Administration , Union Organizers , Whistleblower Protection Policies , White-Collar Exemptions

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

9/26/2019 / Anti-Discrimination Policies , Bonuses , CA Supreme Court , Choice-of-Law , Class Action , Competition , Contract Modification , Data Collection , Deadlines , Department of Justice (DOJ) , Department of Labor (DOL) , Domestic Violence , Dynamex , EEO-1 , Employee Training , Employer Liability Issues , Employment Contract , Equal Employment Opportunity Commission (EEOC) , Exempt-Employees , Fair Labor Standards Act (FLSA) , Fair Workweek , Family and Medical Leave Act (FMLA) , Federal Contractors , Federal Labor Laws , Highly Compensated Employees , Independent Contractors , Local Ordinance , Mandatory Arbitration Clauses , Minimum Salary , Misclassification , NLRA , NLRB , Non-Compete Agreements , Non-Exempt Employees , Non-Union , NYCHRL , Opinion Letter , Over-Time , Private Attorneys General Act (PAGA) , Public Schools , Reporting Requirements , Sexual Abuse , Sexual Harassment , Social Media Policy , State Labor Laws , Unilateral Modification , Union Membership , Unpaid Wages , Wage and Hour , White-Collar Exemptions , Work Schedules

Employment Flash - July 2019

This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

5/29/2019 / ABC Test , Appeals , Arbitration Agreements , Breastfeeding , Class Arbitration , Classification , Common Law Test , Consent , Department of Labor (DOL) , Disability Discrimination , Drivers , Drug Testing , Economic Realities Test , EEO-1 , Employee Commissions , Equal Employment Opportunity Commission (EEOC) , Equal Pay Report , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Federal Contractors , Final Guidance , Gender-Based Pay Discrimination , Gig Economy , Hairstyle Discrimination , Independent Contractors , Job Applicants , Lamps Plus Inc v Varela , Memorandum of Guidance , National Origin Discrimination , NLRA , NLRB , No-Match Letters , NYCHRL , NYHRL , OMB , Over-Time , Race Discrimination , Retroactive Application , SCOTUS , Sexual Harassment , Social Security Administration (SSA) , Successor Bar Doctrine , Training Requirements , Uber , Union Dues , Unions

Controversial Wage Data Collection and Reporting Requirements Reinstated, but No Clear Guidance Yet for Employers

As employers consider pay equity issues and disclosures, they are closely watching a recent federal district ruling that reinstated an Obama-era rule requiring large employers to collect and annually report wage data by...more

4/24/2019 / Appeals , Chamber of Commerce , Data Collection , EEO-1 , Equal Employment Opportunity Commission (EEOC) , Federal Contractors , Gender-Based Pay Discrimination , Large Employer , National Origin Discrimination , Obama Administration , OMB , Order to Lift Stay , Pay Data , Pay Equity Laws , Pay Gap , Race Discrimination , Reporting Requirements , Subcontractors , Wage and Hour

Employment Flash - March 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

4/26/2018 / Civil Rights Act , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Gender Identity , LGBTQ , Religious Freedom Restoration Act (RFRA) , Sex Discrimination , Sexual Orientation Discrimination , Sexual Stereotyping , Split of Authority , Title VII , Transgender , Wrongful Termination

David Schwartz

Skadden, Arps, Slate, Meagher & Flom LLP

Popular Topics by This Author

Latest Posts › Equal Employment Opportunity Commission (EEOC)