News & Analysis as of

Enforcement Guidance Employment Litigation

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

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

McAfee & Taft

Court strikes down EEOC’s sexual orientation and gender identity guidelines

McAfee & Taft on

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

Constangy, Brooks, Smith & Prophete, LLP

Court scraps EEOC guidance on pronouns, restrooms, and dress

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Nullifies EEOC Guidance on LGBTQ+ Protections

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

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Criminal Convictions Justified Termination of Bank Employees

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance dealing with employer use of criminal background checks in the hiring process. The agency concluded that widespread use of such checks...more

Akerman LLP - HR Defense

Is The EEOC’s Background Check Guidance In Jeopardy?

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

Fisher Phillips

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

Fisher Phillips on

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

Littler

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

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