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Free Speech First Amendment 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

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

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

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

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

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

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

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

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

Fisher Phillips

Speak No Evil – The Right To Limit Employee Speech This Election Season And Beyond

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Following a tragic series of recent events, individuals across the country have started voicing their opinions about social, cultural, and political issues with a passion not seen since the Civil Rights Movement of the...more

Steptoe & Johnson PLLC

Department of Education Final Rule Covers Four Key Areas

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The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1....more

Robinson & Cole LLP

Regulating Political Speech and Expression in the 2020 Workplace

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With election season underway, employers are considering how to address employees discussing politics and expressing their political beliefs in the workplace. Managing these issues can create significant legal and employee...more

The Volkov Law Group

Employees and Political Activity

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It is October in an election year, and political tensions are running high. If political discourse in your place of business has been heated, it may be a good time for a refresher on laws governing what private employers may...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Miles & Stockbridge P.C.

Masterpiece Cakeshop: Considerations for Employers

On June 4, 2018, the United States Supreme Court issued its long-awaited opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, ultimately siding with the baker who refused to make a wedding cake for a gay...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

FordHarrison

U.S. Supreme Court Sides with Wedding Cake Baker in Gay Rights Case Based on Civil Rights Commission's Impermissible "Hostility"

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On June 4, 2018, the United States Supreme Court, in a 7-2 ruling, found in favor of Jack Phillips, owner of Masterpiece Cakes, who refused to make a wedding cake for a same-sex couple. He cited religious beliefs condemning...more

Seyfarth Shaw LLP

The Supreme Court’s Decision in Masterpiece Cakeshop Provides Little Guidance on Intersection of Religious and LGBT Rights

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In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his...more

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