News & Analysis as of

Federal Labor Laws Title VII

Mandelbaum Barrett PC

The U.S. Supreme Court Makes It Easier for Employees in the Majority to Prove Reverse Discrimination Under Title VII

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The United States Supreme Court on June 5, 2025, in a rare unanimous decision, overturned a decision from the Sixth Circuit Court of Appeals that required a plaintiff, a heterosexual, to have evidence as part of her proofs to...more

Whiteford

Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees

Whiteford on

On May 15, 2025, the U.S. District Court for the Northern District of Texas vacated portions of the Equal Employment Opportunity Commission’s (“EEOC”) 2024 Enforcement Guidance on Harassment in the Workplace that addressed...more

Jackson Lewis P.C.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

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A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more

Bradley Arant Boult Cummings LLP

Take it Back – A Federal Court in Texas Vacates Portions of the EEOC’s Sexual Harassment Guidance  

Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more

Vorys, Sater, Seymour and Pease LLP

What President Trump’s “English-Only” Executive Orders Mean for Employers Nationwide

On March 1, 2025, President Trump signed Executive Order 14224 designating English as the official language of the United States. Framed as a step toward national cohesion, the Order revoked a Clinton-era directive...more

Whiteford

Employment Law Update: May 15 Disparate Impact Executive Order

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An Executive Order signed on April 23, 2025, promises to significantly limit federal enforcement tools in pursuing systemic discrimination claims. The Executive Order, titled “Restoring Equality in Opportunity and...more

DCI Consulting

District Court Ruling Reinforces Justification for Employers to Collect Demographic Data

DCI Consulting on

Recently, there have been many questions regarding the collection of demographic data from employees and applicants by employers. Executive Order 14173 and other executive and agency actions by the Trump administration have...more

Foley & Lardner LLP

Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And...

Foley & Lardner LLP on

On April 23, 2025, President Donald Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy” (“the EO”). The EO, by its own terms, seeks to “to eliminate the use of disparate-impact...more

Harris Beach Murtha PLLC

Executive Order Barring Use of Disparate Impact Theory Affects EEOC Claims

On April 23, 2025, President Donald Trump issued an Executive Order (Order) titled, “Restoring Equality of Opportunity and Meritocracy,” which prohibits federal agencies, including the Equal Employment Opportunity Commission...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Mintz - Employment Viewpoints

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a...more

Stoel Rives - World of Employment

Executive Order Seeks to Repeal Disparate Impact Liability

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”, frames equal treatment under the law as...more

Proskauer - Law and the Workplace

President Trump Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Greenbaum, Rowe, Smith & Davis LLP

With DEI Initiatives Under Review, Employers Must Still Comply with Federal and State Anti-Discrimination Laws

In the aftermath of the Trump Administration’s actions regarding Diversity, Equity and Inclusion (DEI) and the issuance of several Executive Orders related to DEI initiatives, it is important for employers to be mindful of...more

Bricker Graydon LLP

[Event] Preventing HR Whiplash: Navigating Change with Confidence Under the Trump Administration - April 8th, Cincinnati, OH

Bricker Graydon LLP on

Join us for an informative and engaging Spring Seminar hosted by our Labor and Employment team where you'll hear about the latest updates and key insights on the ever-evolving landscape of employment law. Our team will...more

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

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

New Executive Orders May Contradict Federal Collective Bargaining Agreements

During his first two weeks in office, President Donald Trump issued several executive orders that may conflict with provisions embedded in federal union contracts and that have led to lawsuits challenging the actions....more

Mintz - Employment Viewpoints

What’s Next After Trump Removes NLRB, EEOC, and Other Agency Officials?

In a flurry activity, President Trump dismissed the General Counsel for the Equal Employment Opportunity Commission (EEOC), the General Counsel for the National Labor Relations Board (NLRB), and the initial acting General...more

Hinshaw & Culbertson - Employment Law...

How Employers Will Be Impacted by President Trump's Executive Order Revoking Long-standing Affirmative Action Obligations of...

On January 21, 2025, President Donald Trump signed an Executive Order titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" (Order). The Order revoked several previous Executive Orders, including...more

U.S. Equal Employment Opportunity Commission...

EEOC Publishes Annual Performance and General Counsel Reports for Fiscal Year 2024

Agency Recovers Record $700 Million for Workers, Files First Cases Enforcing the Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today announced its report on the...more

Patterson Belknap Webb & Tyler LLP

2024 Employment Year-End Roundup

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

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

Littler

2024 Summer Olympics Series: United States

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The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their...more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

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Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

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