Author: Melanie M. Ghaw, Esq.

Attention Employers: EEOC Issues Guidance on What Constitutes “Illegal DEI” – Here’s What You Need to Know

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents providing guidance on unlawful discrimination related to diversity, equity, and inclusion (DEI) in the workplace. The first document (What To Do If You Experience Discrimination Related to DEI at Work), issued jointly with the U.S. Department of Justice, clarifies when DEI policies […]

ATTENTION CALIFORNIA EMPLOYERS: FOURTH APPELLATE DISTRICT DENIES MOTION TO COMPEL ARBITRATION IN“HEADLESS” PAGA ACTION

On February 26, 2025, in Parra Rodriguez v. Packers Sanitation Services Ltd., LLC, the California Court of Appeal, Fourth Appellate District held that trial courts cannot order arbitration of unasserted individual claims under California’s Private Attorneys General Act (PAGA). The decision affirmed a Superior Court decision denying a motion to compel arbitration where the plaintiff disclaimed all […]

Attention Employers: Anti-DEI Executive Orders are Back in Play (For Now) – Fourth Circuit Stays District Court’s Preliminary Injunction

On March 14, 2025, in National Association of Diversity Officers in Higher Education, et al. v. Trump, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion to stay the preliminary injunction that blocked key components of President Trump’s executive orders (EO) related to diversity, equity, and inclusion (DEI) (see HERE). The Fourth […]

Attention Employers: Trump Administration Fails to Block Preliminary Injunction Blocking DEI-Related Executive Orders — Confused? — 16 Attorneys General Offer Joint Guidance on Lawful DEI Initiatives

UPDATE:  On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion to stay the preliminary injunction issued by U.S. District Judge Adam B. Abelson which blocked enforcement of key provisions in President Trump’s anti-DEI executive orders.  Accordingly, the government may once again enforce EO 14151, Ending Radical and Wasteful Government […]

ATTENTION EMPLOYERS: WHAT’S THE STATE OF PAY TRANSPARENCY IN YOUR STATE? FIND OUT IN OUR ROUNDUP OF STATE AND LOCAL PAY TRANSPARENCY LAWS

EDIT:  Disclosure requirements under Massachusetts’ pay transparency law will take effect on October 29, 2025. Notwithstanding the revised effective date, disclosure and reporting obligations remain the same. Gone are the days when salary discussions were shrouded in secrecy. Due to shifting workplace standards and expectations, open discussions about pay are the new norm – and in […]

ATTENTION EMPLOYERS: NLRB ACTING GENERAL COUNSEL RESCINDS SEVERAL PREDECESSOR MEMOS SIGNALING NEW ERA OF LABOR POLICY

On February 14, 2025, newly appointed National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen issued a memo rescinding numerous memos issued by former NLRB General Counsel Jennifer Abruzzo, citing an unsustainable backlog of cases. Among the 31 rescinded memos – some of which are rescinded outright and others “rescinded pending further review” – are: GC 23-02 on electronic monitoring; GC […]

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