Attention Employers: Recent Executive Order Issued to Eradicate Disparate Impact Liability-Disparate Impact Claims May Be Down but Not Out
On April 23, 2025, President Trump issued Executive Order (EO) 14281, Restoring Equality of Opportunity and Meritocracy, which seeks to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the Constitution, Federal civil rights laws, and basic American ideals.” Before we delve into the details of the EO, let’s […]
Attention Employers: U.S. Supreme Court Strikes Heightened Evidentiary Requirement for Title VII “Reverse Discrimination” Claims
On June 5, 2025, in Ames v. Ohio Department of Youth Services (No. 23-1039), the U.S. Supreme Court ruled that “majority group” plaintiffs are not required to meet a heightened evidentiary standard to prevail on a Title VII claim. This significant decision eliminates the “background circumstances” rule – which imposed a higher burden on plaintiffs to prove “reverse […]
Attention Employers: *Part V* Timeline of President Trump’s Crusade Against DEI Initiatives in the Private Sector
Following up on our timelines documenting DEI-related events impacting the private sector, this fifth installment discusses new developments, including new cases and case updates, activity over at the U.S. Equal Employment Opportunity Commission (EEOC) and other federal agencies, significant wins and losses for DEI-proponents, and a whole lot more! As a reminder, the timelines track […]
Attention Employers: Federal Court Vacates EEOC’S “Abortion Accommodation Mandate” in Pregnant Workers Fairness Act with Nationwide Impact and Immediate Effect
On May 21, 2025, in State of Louisiana, et al. v. EEOC, U.S. District Judge David C. Joseph ofthe U.S. District Court for the Western District of Louisiana issued an order vacating a portion of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent it […]
Does the ADA Require Accommodation for Workers Who Can Still Perform the Job Without It? – The Second Circuit says . . .
Possibly. On March 25, 2025, the U.S. Court of Appeals for the Second Circuit issued a decision in Tudor v. Whitehall Central School District holding that “accommodations that are not strictly necessary for an employee’s performance of essential job functions may still be reasonable and therefore required by the [Americans with Disabilities Act (ADA)].” The […]
Attention Employers: Federal Court Vacates EEOC’S Workplace Harassment Guidance on LGBTQ+ Protections
On May 15, 2025, the U.S. District Court for the Northern District of Texas issued an order vacating portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) April 2024 Enforcement Guidance on Harassment in the Workplace related to LGBTQ+ protections. Before we get into the decision and its impact on your organization, let’s review the developments that […]
Attention New Jersey Employers: U.S. Department of Labor Eases Independent Contractor Classification Rule – New Jersey Picks Up Where it Left Off
On May 1, 2025, the U.S. Department of Labor (DOL) issued a field assistance bulletin announcing it will no longer apply the 2024 Biden-era independent contractor classification rule in current enforcement matters. Instead, the DOL will rely on “longstanding principles” outlined in Fact Sheet #13 and the reinstated Opinion Letter FLSA2019-6, which addresses classification in the context […]
Attention Employers: *Part IV* Timeline of President Trump’s Crusade Against DEI Initiatives in the Private Sector
Following up on our timelines documenting DEI-related events impacting the private sector, this fourth installment discusses new developments, including executive order (EO) updates, activity over at the U.S. Equal Employment Opportunity Commission (EEOC), new cases and significant case updates, and responses from lawmakers and state attorneys general (AG) on the administration’s law firm-related EOs. As […]
Attention California Employers: Los Angeles County’s Fair Workweek Ordinance is Fair Game on July 1, 2025
Hot on the heels of the City of Los Angeles’ Fair Work Week Ordinance – which became effective April 1, 2023 – Los Angeles County’s own predictive scheduling ordinance will take effect on July 1, 2025. Similar to the city’s ordinance, Los Angeles County’s Fair Workweek Ordinance requires covered employers to provide covered employees with predictable […]
Attention Employers: *Part III* of Timeline of President Trump’s Crusade Against DEI Initiatives in the Private Sector
Following up on Part I (see HERE) and Part II (see HERE) of our timelines documenting DEI-related events impacting the private sector, this hefty edition continues to capture significant developments, including new executive orders (EO), new cases and case updates, actions taken by state attorneys general (AG) in support of and in opposition to the […]