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The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

New Executive Order Attacks ‘Disparate Impact’ Liability

On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

EEOC and DOJ Issue Guidance on 'DEI-Related Discrimination'

Following President Donald Trump’s issuance of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI) initiatives,...more

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

The “Ending Illegal Discrimination” Executive Order: What Does It Mean for Employers?

The landscape of federal employment priorities is being redefined. On January 22, 2025, President Trump issued an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Ending...more

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

President Biden Issues Executive Order on Artificial Intelligence: Impact on Employers

As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more

PWFA Proposed Regulations and Potential Areas of Comment for Employers

The federal Pregnant Workers Fairness Act (“PWFA”) became effective on June 27, 2023. Employers with 15 or more employees are now required to reasonably accommodate a worker’s “known limitation” related to pregnancy,...more

Supreme Court Clarifies "Undue Hardship" In Religious Accommodation

On June 29, 2023, the Supreme Court decided Groff v. DeJoy in a unanimous ruling that clarifies the “undue hardship” standard under which an employer can deny a requested religious accommodation under Title VII of the Civil...more

“AI” in Employment Law: EEOC Issues Title VII Guidance

The accelerating pace of artificial intelligence innovation illustrated by ChatGPT, Bard, and other applications that have captured the world’s attention bring the promise of better and more effective tools on which employers...more

EEOC Draft Strategic Enforcement Plan Reflects Focus on Employers’ Use of Artificial Intelligence

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more

EEOC Issues Guidance on Using AI in Compliance with the Americans with Disabilities Act

Employer use of artificial intelligence continues to expand, as newer and more sophisticated tools enter the marketplace. Many offer great promise for more efficient and effective decision-making. Some, however, may present...more

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