Ten years have passed since the Supreme Court of the United States granted all same-sex couples the right to marry and have their marriages recognized nationwide. ...more
7/7/2025
/ Bostock v Clayton County Georgia ,
Employee Benefits ,
Employee Rights ,
Employment Discrimination ,
Executive Orders ,
Family and Medical Leave Act (FMLA) ,
LGBTQ ,
Obergefell v. Hodges ,
Same-Sex Marriage ,
SCOTUS ,
Title VII ,
Trump Administration
Recent protests across major U.S. cities, including Los Angeles, have resulted in business disruptions impacting both employers and their employees. The events are a reminder for employers to prepare for emergencies in the...more
On May 15, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance, specifically, guidance on harassment based on sexual orientation and gender...more
5/19/2025
/ Bostock v Clayton County Georgia ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Harassment ,
Judicial Authority ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Title VII ,
Trump Administration ,
Vacated
On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more
5/1/2025
/ Administrative Procedure Act ,
Colleges ,
Constitutional Challenges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
First Amendment ,
Preliminary Injunctions ,
Public Schools ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
On April 23, 2025, President Donald Trump issued an executive order (EO) calling for an end to disparate impact liability for discrimination and ordering federal enforcement agencies to stop enforcement of antidiscrimination...more
Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more
The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more
3/20/2025
/ Affirmative Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
New Guidance ,
Title VII ,
Trump Administration
On March 10, 2025, a federal judge in Maryland clarified the scope of the nationwide preliminary injunction that enjoins key portions of two of President Donald Trump’s diversity, equity, and inclusion (DEI)–related executive...more
On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more
3/4/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Employment Discrimination ,
Executive Orders ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Motion To Stay ,
Preliminary Injunctions ,
Trump Administration
The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more
3/3/2025
/ Appeals ,
Civil Rights Act ,
Discrimination ,
Employment Discrimination ,
Employment Litigation ,
Evidentiary Standards ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Standard of Proof ,
Title VII
While the Trump administration appeals a recent federal court ruling that blocked enforcement of key parts of two executive orders (EO) to restrict diversity, equity, and inclusion (DEI) programs and initiatives, the...more
A federal judge in Maryland has preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EO) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and...more
2/24/2025
/ Civil Rights Act ,
Constitutional Challenges ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Preliminary Injunctions ,
Private Sector ,
Trump Administration
The attorneys general of sixteen states recently released guidance explaining how diversity, equity, and inclusion (DEI) programs in the private sector can remain viable and legal. ...more
The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more
2/11/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
First Amendment ,
Pending Litigation
On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance related to issues of gender identity discrimination and harassment...more
President Donald Trump removed Democratic U.S. Equal Employment Opportunity (EEOC) commissioners Charlotte A. Burrows and Jocelyn Samuels, upending the Democratic voting majority on the EEOC. ...more
Retail employers are bracing for the annual surge in customer traffic and sales during the holidays, but the large crowds, stress of the season, and other factors increase the risks of workplace violence. As the holiday...more
On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more
8/14/2024
/ Administrative Procedure Act ,
Board of Directors ,
Constitutional Challenges ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Judicial Review ,
Nasdaq ,
Pending Litigation ,
Proposed Rules ,
Regulatory Authority ,
Securities Exchange Act
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
7/26/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
LGBTQ ,
Sexual Orientation Discrimination ,
Title VII
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
7/26/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
LGBTQ ,
New Guidance ,
Pending Litigation ,
Sexual Orientation Discrimination ,
Title VII
Two conflicting ballot measures have been proposed to change the minimum wage in Arizona. One applies only to tipped workers....more
Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more
The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more
5/1/2024
/ Anti-Harassment Policies ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Pregnancy ,
Protected Class ,
Race Relations ,
Sexual Orientation ,
Workplace Harassment Guidance
States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill...more