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Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more

The Fourth Circuit’s Ruling and What it Means for Employers

On March 14, 2025, the Fourth Court of Appeals lifted the nationwide preliminary injunction issued on February 20, 2025 by a federal judge in Baltimore that temporarily halted the implementation of two of President Trump's...more

The Potential End of Chevron Agency Deference and Implications for Employers

Earlier this year, the Supreme Court heard oral arguments in two cases that may overturn Chevron USA, Inc. v. Natural Resources Defense Council, which would have implications for federal agencies rule- and decision-making...more

EEOC Announces New Workplace Harassment Guidance

The Equal Employment Opportunity Commission (EEOC) issued new guidance (Guidance) on April 29, 2024 regarding workplace harassment and its violation of federal law, including Title VII of the Civil Rights Act of 1964, Age...more

EEOC Issues Final Rule Implementing the Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Final Rule implementing the Pregnant Workers Fairness Act (PWFA). The Final Rule will go into effect on June 18, 2024, nearly a year after the...more

New York Employers Must Now Provide Paid Prenatal Leave

New York has become the first state in the nation to mandate paid prenatal leave for pregnant employees. Governor Kathy Hochul signed new legislation on April 22, 2024, to expand the New York Paid Family Leave Law (“NY PFL”)...more

Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role.  In the past month, the EEOC...more

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

Back to Office Vaccination Policy Guidance

Without a decisive legal pronouncement by the federal government permitting employers to institute a vaccine mandate, employers should continue exercising caution to avoid potential legal pitfalls when devising a vaccine...more

[Webinar] COVID-19 Vaccines: Business and Workplace Planning, Policies, and Implementation - January 14th, 12:30 pm - 1:30 pm EST

Please join Nelson Mullins attorneys Kristin Ahr, Angela Hart-Edwards, Colin Barnacle, and Mitch Boyarsky for an update on the COVID-19 vaccine and the implications it will have on workplace operations and employers. Topics...more

U.S. EEOC Issues Guidelines on COVID-19 Vaccinations

We recently provided analysis and practical guidance on mandatory vaccination policies, accommodations, and other considerations for employers as vaccines roll out across the country. The U.S. Equal Employment Opportunity...more

Vaccination as a Condition of Employment: Evaluating Legal Risks of Mandatory Vaccine Policies During the Pandemic

With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel...more

EEOC Issues Guidance on Workplace Accommodations and Avoiding Discrimination

In addressing the protections for “workers at higher risk,” the U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act,...more

Employer’s Quick Guide to Workplace Management and Communications With Employees for COVID-19 Issues

On March 19, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance materials on employers’ compliance requirements with the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act...more

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