Work This Way: A Labor & Employment Law Podcast | Reverse Discrimination in the Workplace with Jennie Cluverius and Fay Edwards of Maynard Nexsen
New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®
Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
Work This Way: A Labor & Employment Law Podcast | Episode 48: Opportunities & Risks with Artificial Intelligence in HR with Chingwei Shieh of GE Power
DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®
California Employment News: Gathering Information in a Workplace Investigation – Part 2 (Featured)
Employees Who Contradict The Company's Mission: What's the Tea in L&E?
Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens - #WorkforceWednesday® - Employment Law This Week®
Law Firm ERGs Under Scrutiny: Navigating Compliance, Risk, and Culture - On Record PR
(Podcast) California Employment News: Starting a Workplace Investigation – Part 1 (Featured)
California Employment News: Starting a Workplace Investigation – Part 1 (Featured)
New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
The Changing Landscape of EEOC Enforcement and Disparate Impact
Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
A Retaliation Refresher: What's the Tea in L&E?
California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks
AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — The Good Bot Podcast
Pregnant Workers Fairness Act (PWFA) Update
A unanimous U.S. Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services on June 5, concluding that a plaintiff bringing a so-called reverse discrimination claim — where, for example, a majority group...more
In May 2025, Google agreed to pay $50 million to settle a high-profile class action brought by Black and multiracial employees who alleged systemic racial discrimination in hiring, leveling, and promotion. That same month,...more
In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more
It is now well-established that “majority groups” are protected from discrimination under Title VII and California's Fair Employment and Housing Act. These so-called “reverse discrimination” lawsuits are often brought by...more
On June 2, 2025, the U.S. Supreme Court rejected the appeal of a Fifth Circuit Court of Appeals decision interpreting the limitations period for filing lawsuits under Section 1981 of the Civil Rights Act of 1866. ...more
The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more
On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more
Every time a new President is elected, we employment lawyers write an article of some version of “What to Expect.” Many of my colleagues have written excellent articles on this topic, and the Trump administration has given us...more
The U.S. Attorney General's Office issued a Memorandum, on February 5, 2025, to the employees of the U.S. Department of Justice (DOJ) directing the DOJ Civil Rights Division to "investigate, eliminate, and penalize illegal...more
Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more
A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more
In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more
In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more
Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”). The Order’s stated purpose is to retract what it describes...more
Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more
INTRODUCTION - The year 2024 brought significant developments to a wide range of employment law areas, from anti-discrimination and retaliation law to labor issues. Federal courts across the country expanded the rights of...more
How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more
Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more
The latest episode of the Informed Board podcast features a discussion of the potential implications for U.S. companies of the U.S. Supreme Court decision in June striking down race-based affirmative action programs in higher...more
Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more
The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more
On June 29, 2023, the United States Supreme Court found affirmative action in the college admissions programs of two well-known universities to be unconstitutional. Despite the opinion only addressing two specific college...more
On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina that the race-conscious admission...more