News & Analysis as of

Private Sector Title VII

BakerHostetler

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

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As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

Williams Mullen on

Although Executive Order 11246, which mandated race and gender affirmative action programs for federal contractors and subcontractors, was revoked by President Trump in January 2025, the EEOC’s newly updated EEO-1 Data...more

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

State Attorneys General Point to Ways DEI Programs Can Stay Within Legal Boundaries

The attorneys general of sixteen states recently released guidance explaining how diversity, equity, and inclusion (DEI) programs in the private sector can remain viable and legal. ...more

Parker Poe Adams & Bernstein LLP

What Employers Should Know About Executive Order on 'Illegal and Discriminatory DEI Efforts'

In the wake of President Donald Trump’s withdrawal last month of an executive order that required larger federal contractors to create and implement affirmative action plans intended to increase the participation of women and...more

Fox Rothschild LLP

DOJ Targets Private-Sector DEI Programs: What Employers Need to Know

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The U.S. Department of Justice (DOJ) has set its sights on diversity, equity, and inclusion (DEI) programs, signaling heightened enforcement risks for employers. In a memorandum, Attorney General Pam Bondi directed the DOJ to...more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

BakerHostetler

Now That We're Past the Holiday, Let's Dissect the Supreme Court's Decision Concerning Affirmative Action and Any Implications It...

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In a 6-3 decision, the U.S. Supreme Court held in Students for Fair Admissions, Inc. v. President and Fellows of Harvard Coll., No. 20-1199, 600 U.S. – (U.S. June 29, 2023) (available here) that affirmative action programs at...more

Laner Muchin, Ltd.

Vaccine Mandates are Becoming the Rule and Not the Exception: What Employers Need to Know

Laner Muchin, Ltd. on

The COVID-19 pandemic threw the world into a state of uncertainty and life-threatening risk with ever changing health and safety recommendations and mandates. The alleged “two weeks” that it would take to combat the virus has...more

Smith Anderson

The Biden Administration Puts the Burden on Employers

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On September 9, 2021, President Biden announced several updates to his plan for combatting the COVID-19 pandemic. Although media reports have led some to believe that President Biden’s actions have imposed an immediately...more

Hinshaw & Culbertson - Employment Law...

Five Issues for Employers to Consider as Political and Social Activism Surges in the Workplace

Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

FordHarrison on

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...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

Zuckerman Spaeder LLP

Can You Fire Someone For Racist Tweets?

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On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Steptoe & Johnson PLLC

#MeToo Legal Impact Remains Unclear

Steptoe & Johnson PLLC on

The rise of the #MeToo movement is raising the question of whether sensitivity to sexual harassment of university employees will result in new policies and procedures similar to increased protections students received over...more

Womble Bond Dickinson

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

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