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DOJ Issues Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

The US Department of Justice released new guidance for recipients of federal funding on July 29, 2025 intended to “clarif[y] the application of federal antidiscrimination laws to programs or initiatives that may involve...more

Minneapolis and Washington State Impose ‘Fair Chance’ Requirements on Employers That Consider Criminal History

Minneapolis and Washington state have amended their antidiscrimination laws to provide new employment protections for individuals with criminal histories and to impose new procedural requirements on employers who consider...more

EEOC and DOJ Issue Guidance on Discrimination Related to DEI under Title VII

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) issued two guidance documents on March 19, 2025 detailing their views on discrimination related to diversity, equity, and inclusion...more

Federal Judge Temporarily Halts Enforcement of Executive Orders Related to DEI

A federal district court in Maryland issued a preliminary nationwide injunction on February 21 that temporarily halts enforcement of elements of Executive Orders 14151 and 14173. Most notably for federal contractors and...more

Executive Order Ends Federal Contractor ‘Affirmative Action,’ Tasks Agencies to Focus on Private-Sector DEI Efforts

US President Donald Trump has signed an executive order that rescinds several prior executive orders that sought to promote diversity and inclusion in federal contracting, the federal workforce, and federal programs related...more

New Jersey Passes Pay Transparency Law

On November 18, 2024, New Jersey Governor Phil Murphy signed into law SB2310, which will require employers with 10 or more employees to disclose certain compensation and benefit information in job advertisements. The law will...more

CFPB Warns of FCRA Implications Associated with the Use of Workplace Tracking Technology

On October 24, 2024, the federal Consumer Financial Protection Bureau (CFPB) published a circular articulating its position that the Fair Credit Reporting Act (FCRA) applies to entities that offer workplace tracking...more

Vermont Passes Pay Transparency Law: Considerations for Employers

Vermont Governor Philip Scott on June 4, 2024 signed into law H.704, a pay transparency requirement mandating employers with five or more employees to include wage ranges in job advertisements, effective July 1, 2025. The...more

Minnesota Passes Pay Transparency Law

Minnesota Governor Tim Walz recently signed into law a pay transparency requirement that will require employers with 30 or more employees in Minnesota to provide wage ranges on job postings beginning January 1, 2025....more

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Maryland Passes Pay Transparency Law

Maryland Governor Wes Moore signed a pay transparency requirement into law on April 25, 2024, requiring that all employers in Maryland include wage ranges and benefit information in all job postings....more

US Supreme Court Expands the Scope of Employment Decisions That Can Support Title VII Claims

The US Supreme Court ruled on April 17 that any “disadvantageous” change in the “terms and conditions” of employment that is based on race, gender, or another protected characteristic is actionable under Title VII, even if...more

2024 Proxy Season: The Importance of Evaluating DEI, ESG, and Corporate Social Responsibility Disclosures

In preparing for both the 2024 proxy season and publication of inaugural or refreshed corporate social responsibility or sustainability reports, as well as in anticipation of final climate disclosure rules from the SEC as of...more

DC Mayor Signs Amendments to DC Code on Pay Transparency and Wage History

Washington, DC, Mayor Muriel Bowser signed legislation on January 12 requiring that all covered employers must disclose pay ranges in all job postings and advertisements and also disclose the existence of any additional...more

New OFCCP Rule Changes Investigative Process—to the Detriment of Contractors

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued a new final rule that will change how the agency investigates and enforces allegations of discrimination against federal...more

Hawaii Revised Statutes Amended to Address Pay Transparency and Equal Pay

Hawaii Governor Josh Green recently signed into law a requirement that employers in Hawaii include in job listings information on the expected hourly rate or salary range for positions. The July 3, 2023 law is an amendment to...more

EO 11246 Following the Harvard-UNC Supreme Court Cases: Why Federal Contractors Should Stay the Course for Now

The US Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair Admissions, Inc. v. Harvard University (the Harvard-UNC cases), which will have a...more

Us Supreme Court: Affirmative Action in College Admissions Must Come to an End

The US Supreme Court issued a landmark decision on June 29, 2023 regarding challenges to race-conscious admissions programs at Harvard University and the University of North Carolina (UNC). In a 6–3 decision split along...more

New York City Issues Final Rule on AI Bias Law and Postpones Enforcement to July 2023

The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule implementing New York City Local Law 144 (the AI Law) and announced July 5, 2023 as the new effective date for implementation and...more

Supreme Court Hears Oral Argument in Challenge to Harvard and UNC Race-Conscious Admission Programs

The US Supreme Court on October 31 debated the legality of race-conscious admission programs used by Harvard University and the University of North Carolina. The decisions in these highly watched cases could have broad...more

Louisiana ‘Fair Chance’ Law Restricts Employer Discretion in Considering Candidates’ Criminal History

Louisiana has joined the growing number of states that have enacted “fair chance” laws that, in general, require employers to evaluate the relationship between a candidate’s criminal history and the duties and...more

Pennsylvania Raises Salary Threshold, Updates Duties Tests With New Overtime Rule

Effective October 3, 2020, the Pennsylvania Department of Labor & Industry (L&I) has updated Pennsylvania’s overtime rules to increase the salary threshold for qualifying under the Pennsylvania Minimum Wage Act (PMWA) as an...more

Court Orders Extension of Filing Deadline for EEO-1 Pay Data Collection to September 30 (Updated)

Judge Tanya Chutkan of the US District Court for the District of Columbia on April 25 ordered the Equal Employment Opportunity Commission (EEOC) to collect EEO-1 Component 2 pay data collection for fiscal years 2017 and 2018...more

Pay Equity Advocates Push Back on EEOC’s Proposed Extension of Filing Deadline for EEO-1 Pay Data (Updated)

The National Women’s Law Center and the Labor Council for Latin American Advancement objected to the Equal Employment Opportunity Commission’s (EEOC’s) April 3 proposal to extend the filing deadline for its EEO-1 Component 2...more

EEOC Suggests Extension of Filing Deadline for EEO-1 Pay Data

The Equal Employment Opportunity Commission (EEOC) on April 3 informed a US district court that it will need to extend the filing deadline for its EEO-1 Component 2 pay data collection from May 31, 2019, to September 30,...more

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