News & Analysis as of August 17, 2025

Corporate Counsel

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Federal Court Preliminarily Blocks Key Parts of President Trump’s Orders Restricting DEI at Private Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/24/2025

A federal judge in Maryland has preliminarily blocked the Trump administration from enforcing key provisions of the recent executive orders (EO) to eliminate “illegal” diversity, equity, and inclusion (DEI) programs and...more

Using the First Amendment to Uphold DEI Initiatives

Clark Hill PLC on 2/7/2025

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher...more

Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating...

Herbert Smith Freehills Kramer on 1/8/2025

On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law,...more

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/5/2024

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on 4/26/2023

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

Fisher Phillips on 12/9/2022

In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2022

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

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