INTRODUCTION On May 9, 2025, New York State Governor Kathy Hochul signed a bill as part of the 2026 Fiscal Year budget, amending New York Labor Law (“NYLL”) Sections 191 and 198. The purpose of the amendment is to limit...more
On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)...more
6/26/2025
/ Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Gender Identity ,
Health Care Providers ,
Healthcare ,
Immigration Enforcement ,
Trump Administration
DECISION ALERT: AMES V. OHIO DEP’T OF YOUTH SVCS. INTRODUCTION:
On June 5, 2025, the United States Supreme Court issued a unanimous decision holding that so-called “reverse discrimination” claims—discrimination claims...more
On April 23, 2025, President Donald Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order announces the Administration’s intent to “seek to eliminate the use of...more
5/1/2025
/ Civil Rights Act ,
Disparate Impact ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Funding ,
Government Agencies ,
Regulatory Reform ,
Title VII ,
Trump Administration
On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more
4/9/2025
/ Civil Rights Act ,
Compensation & Benefits ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employee Training ,
Employment Discrimination ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Hostile Environment ,
Labor Reform ,
New Guidance ,
Reverse Discrimination ,
Title VII ,
Trump Administration
In recent years, internal investigations into employee complaints and employee conduct have been on the rise across a variety of industry sectors. Employment (or workplace) investigations can take many forms, and can be...more
The current proxy season presents new challenges and opportunities for U.S. companies as they face shifting expectations regarding board diversity. There are a number of notable developments. The Fifth Circuit Court of...more
“To be clear: the Executive Order cannot and does not prohibit otherwise lawful practices and policies to promote diversity, equity, inclusion and accessibility.” – 16 Democratic AGs...more
On February 5, 2025, United States Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” The memorandum advises that the Department of Justice’s (DOJ) Civil Rights...more
2/14/2025
/ Affirmative Action ,
Civil Rights Act ,
Department of Education ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding
On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more
On January 21, 2025, President Donald Trump issued an Executive Order, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Executive Order rescinds affirmative action requirements in government...more