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Free Speech Anti-Discrimination Policies

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

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

Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders

On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more

FordHarrison

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

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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

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

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Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Holland & Knight LLP

Religious Institutions Update: November 2024

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Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Amundsen Davis LLC

Election 2024: Dealing With Political Expression at Work

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“Harris Walz, Obviously.” “Trump 2024 – Take America Back.” These words are on signs that pepper front lawns and store fronts across the country. Consider what compels someone to make their stance so public. It’s because...more

Shipman & Goodwin LLP

Can You Say Anything? Free Speech in Independent Schools

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Can a teacher put a sticker on their laptop expressing support for a political candidate? What about an employee attending a pro-life rally or using their personal social media account to express opinions about global...more

ArentFox Schiff

New California Law – SB 399 – Potentially Limits Employers’ Free Speech Rights

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On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more

Littler

Escaping the “Upside Down” – Halting Florida's Stop WOKE Act

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Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity (“IE&D”). Since then, there has...more

Bowditch & Dewey

Changing Requirements for Title VI Compliance?

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Case resolutions released by the Department of Education’s Office for Civil Rights (“OCR”) in the past two weeks may be signaling a change in how OCR expects institutions of higher education to comply with Title VI’s mandate...more

Littler

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

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The Utah legislature wrapped up its seven-week legislative session on March 1, 2024.  In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

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

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

Rumberger | Kirk

Stop Woke Act Stopped by the Eleventh Circuit Court of Appeals…For Now

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Florida District Court’s Preliminary Injunction Blocking The Stop Woke Act Affirmed By Appellate Court - On March 4, 2024, the Eleventh Circuit Court of Appeals upheld the district court’s injunction, effectively blocking...more

Holland & Knight LLP

Fifth Circuit Upholds Nasdaq Board Diversity Rule

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Last week, the U.S. Court of Appeals for the Fifth Circuit upheld Nasdaq's board diversity rule, which the SEC first approved in August 2021 and was then challenged as unconstitutionally discriminatory and an improper...more

Saiber LLC

New Jersey Issues Guidance on Discrimination Law Following Supreme Court’s Decision on LGBTQ+ Rights

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The New Jersey Division of Civil Rights (DCR) recently issued guidance on how the DCR will enforce the New Jersey Law Against Discrimination following the U.S. Supreme Court’s decision in 303 Creative LLC v. Elenis....more

Littler

Littler Lightbulb – June Employment Appellate Roundup

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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. At the Supreme Court...more

FordHarrison

Implications of Supreme Court's Decision in 303 Creative LLC on First Amendment Rights in the Workplace

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Executive Summary: On June 30, 2023, the U. S. Supreme Court issued its ruling in 303 Creative LLC v. Elenis. At issue in the case was a pre-enforcement challenge to Colorado’s public accommodation law, which prohibits...more

Morgan Lewis

Supreme Court Asked To Exempt Creative Businesses From Public Accommodations Laws

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The US Supreme Court heard arguments on December 5, 2022, in 303 Creative LLC v. Elenis, No. 21-476, which asks whether a website design company has a constitutionally protected free speech right to refuse to design wedding...more

Holland & Hart LLP

Supreme Court Poised to Issue Blockbuster Decision on Free Speech

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Earlier this year, the U.S. Supreme Court agreed to hear 303 Creative, LLC v. Elenis, an appeal brought by a Colorado website designer who claims she has a First Amendment right to refuse to make websites for same-sex...more

Harris Beach Murtha PLLC

Five Tips for Employers During Election Season

No one would blame employers for shunning politics in today’s landscape. Vitriol and partisanship are now par for the course and could quickly lead to workplace tension or worse. But there are reasons – both legal and in...more

Pullman & Comley - Labor, Employment and...

Developments From The 2022 Session of The Connecticut General Assembly Affecting Employers (UPDATED)

We had originally written about employment-related legislation from the 2022 Regular Session of the Connecticut General Assembly in the aftermath of the conclusion of the session.  The Aftermath: Developments from the 2022...more

FordHarrison

What Does Florida's "Stop WOKE" Act Mean for Employers?

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On Friday, April 22, 2022, Florida Governor Ron DeSantis signed the “Stop WOKE” Act (HB 7) (“the Act”) into law. The Act has drawn national attention and debate, as it creates legal restrictions and prohibitions on what...more

Zuckerman Spaeder LLP

Lawyer Discipline for Discriminatory Speech - A Pennsylvania Decision Raises Questions About Maryland Rule 19-308.4(e)

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A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...more

Dorsey & Whitney LLP

The Supreme Court - February 22, 2022

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Adolfo Arellano v. Secretary of Veterans Affairs, No. 21-432: This case concerns whether equitable tolling may extend the deadline for veterans to submit an application for disability benefits under 38 U.S.C. § 5110(b)(1)...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

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Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

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