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Reverse discrimination claims boosted by Supreme Court

Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the...more

Impact of new Trump order targeting disparate impact liability

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Impact of new Trump order targeting disparate impact liability

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Trump seeks to dismantle DEI programs in private sector

As discussed in our earlier article, Trump redefines ‘sex’ in executive order, President Trump has already issued numerous executive orders in his first days of office, many of which are aimed at repealing existing laws,...more

Trump redefines ‘sex’ in executive order

Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

What to expect (from the Pregnant Workers Fairness Act) when you’re expecting

Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions.  However, for 45 years, the...more

New law to offer additional employment protections to pregnant workers, applicants

As part of the comprehensive Consolidated Appropriations Act of 2023, President Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The PWFA, which applies to employers with 15 or more employees, aims to...more

EEOC warns of higher risk of caregiver discrimination in changing world and workplace

The COVID-19 pandemic placed a spotlight on the demands of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic...more

Depending on fact-based assessment, COVID may be considered disability under ADA

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

EEOC cautions employers when considering actions affecting individuals with underlying medical conditions

On May 5, 2020, the EEOC provided additional guidance to employers on employee accommodation issues that may arise in the context of return to work. The updated guidance focuses on employees who may have an underlying...more

EEOC: Employers permitted to administer COVID-19 tests

On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more

EEOC updates guidance on workplace safety, confidentiality and accommodations

The Equal Employment Opportunity Commission continues to update its guidance on what employers should know about COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other Equal Employment Opportunity...more

Pandemic’s ‘direct threat’ classification allows employers to take extraordinary actions

As of March 19, 2020, the EEOC has confirmed that based on guidance from the Centers for Disease Control and other public health authorities, the COVID-19 pandemic meets the “direct threat” standard under the Americans with...more

EEOC allowing employers to take temperatures during pandemic

The Equal Employment Opportunity Commission has just recently clarified that because the Centers for Disease Control and other state and local health authorities have acknowledged community spread of COVID-19 and issued...more

Sexual harassment claims on the rise … and so is EEOC enforcement

In the spring of 2018, the U.S. Equal Employment Opportunity Commission received its first budget increase in over eight years, with Congress approving approximately $16 million for the agency to focus on sexual harassment...more

EEOC issues new guidance on leave of absence and ADA accommodations

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

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