Labor & Employment Law: Vermont and Federal Legislative Update
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
On August 8, 2025, in Bivens v. Zep, Inc., the United States Court of Appeals for the Sixth Circuit held that employer liability for nonemployee harassment requires proof of the employer’s intent, a departure from the...more
Pride Month 2025, commemorating the 1969 Stonewall Riots, celebrates the LGBTQ+ community’s contributions, but inclusivity must extend beyond June to foster workplaces where everyone feels valued. Navigating the complex legal...more
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
On June 18, 2025, the U.S. Supreme Court issued its opinion in the closely watched case of United States v. Skrmetti. In this 6-3 opinion, the Supreme Court upheld Tennessee’s legislation blocking gender-affirming care,...more
On Wednesday, June 18, 2025, the Supreme Court of the United States issued a landmark 6-3 decision in United States v. Skrmetti, directly addressing the constitutionality of state laws banning gender-affirming care for...more
In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more
On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more
On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more
Pride Month provides an opportunity for you to recognize the resilience of the LGBTQ+ community at your workplace amid an evolving and often challenging legal and political landscape. Now more than ever, this year’s Pride...more
Don't overreact. (Or underreact.) This June, as corporations continue to roll back public support and funding for diversity, equity, and inclusion initiatives, it is important for employers to be familiar with the current...more
On May 15, 2025, the district court for the Northern District of Texas issued an order vacating the gender-identity portions of the EEOC’s 2024 Enforcement Guidance. In the order, District Judge Matthew J. Kacsmaryk stated...more
A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more
A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more
On May 15, 2025, a District Court struck portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 guidance pertaining to sexual orientation and gender identity under Title VII....more
On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more
Don't expect the EEOC to appeal. In April 2024, the U.S. Equal Employment Opportunity Commission issued Enforcement Guidance on Harassment in the Workplace. The Enforcement Guidance addressed, among other things, harassment...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
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
In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more
On his first day in office, Jan. 20, 2025, President Donald Trump issued an executive order (EO), "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," that is reshaping...more
On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more
In the last several weeks, three seismic events have altered the Title IX compliance landscape for colleges and universities around the country: A federal district court’s vacation of the Biden administration’s 2024 Title IX...more
On February 5, 2025, President Donald Trump signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which aims to prohibit transgender women and girls from participating in female sports across all educational...more
President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more
Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more