News & Analysis as of

First Amendment Employment Discrimination Equal Employment Opportunity Commission (EEOC)

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... more +
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 -
Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

Husch Blackwell LLP on

Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...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

Lathrop GPM

Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

Lathrop GPM on

Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and...more

FordHarrison

Preliminary Injunction Issued to Block Provisions of Executive Orders Limiting Diversity, Equity, and Inclusion Programs; Now...

FordHarrison on

On February 21, 2025, the United States District Court for the District of Maryland issued a nationwide preliminary injunction halting the enforcement of three key provisions of President Trump’s Executive Orders intended to...more

Littler

Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit

Littler on

The Pregnant Workers Fairness Act (PWFA), which was passed in December 2022, requires a covered employer to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to “pregnancy,...more

Wiley Rein LLP

Key Parts of Anti-DEI Executive Orders Blocked by Federal Judge

Wiley Rein LLP on

On Friday, February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction that enjoins aspects of two Executive Orders (EOs), EO 14151, “Ending Radical and Wasteful...more

Vinson & Elkins LLP

What is “Illegal DEI”: Vagueness Partially Sinks President Trump’s Executive Orders on Diversity, Equity and Inclusion

Vinson & Elkins LLP on

On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more

Jackson Lewis P.C.

Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

Jackson Lewis P.C. on

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more

Littler

Federal Court Enjoins Trump Administration’s Broad Attack on DEI

Littler on

On February 21, a federal district court judge issued a preliminary injunction against several elements of Trump’s executive orders regarding DEI or DEIA. The reach of this preliminary injunction goes beyond the plaintiffs in...more

Akin Gump Strauss Hauer & Feld LLP

Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Trump EO Tracker)

The Order rescinds all diversity, equity, and inclusion (DEI) practices or programs across all executive departments and agencies. It also revokes the following executive actions: Executive Order 12898 of February 11, 1994...more

Constangy, Brooks, Smith & Prophete, LLP

President Trump’s anti-DEI executive orders face challenge

Less than two weeks after President Donald J. Trump signed two executive orders dismantling diversity, equity, inclusion, and accessibility, the constitutionality of the EOs is being challenged. The two Executive Orders...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Goldberg Segalla

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

Goldberg Segalla on

Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more

Constangy, Brooks, Smith & Prophete, LLP

Judge shuts down LGBT guidance

And opens up a can of worms. In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

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