Be Global: Employment Law in 5 - February 2025

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United States: Shifting landscape

The US employment landscape continues to shift rapidly. On 21 February 2025, a federal district court enjoined the federal government from enforcing certain provisions of President Trump’s DEI Executive Orders (appeal pending). The preliminary injunction does not prevent the Attorney General from conducting investigations into what the government considers 'illegal DEI' programs. You can view EOs and alerts on our President Trump Executive Orders Hub.

On the non-compete front, the Federal Trade Commission launched a joint labour task force to focus on unfair and anti-competitive labour market conduct, including no-poach, non-solicitation and non-compete agreements. New York and Ohio also joined the list of states with proposed legislation to ban or restrict non-competes.

Monitor: EU cuts corporate sustainability regulation

The European Commission's recent proposals to simplify sustainability reporting and sustainability due diligence requirements encompass changes to two significant EU Directives, both of which have employment implications. Businesses are encouraged to assess their compliance strategies in light of the proposed changes, while monitoring progress of the Commission's legislative plans.

Focus: Competing workplace rights

The decision of the United Kingdom Court of Appeal in Higgs v Farmor’s School is the latest major case in the arena of competing workplace rights. Involving a school employee who made social media posts critiquing the teaching of same-sex relationships and gender fluidity in schools, the case highlights the difficulties employers can face in striking the delicate balance between conflicting opinions. It also underscores the importance of careful, context-specific assessments in cases involving the manifestation of beliefs.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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