Latest Publications

Share:

Missouri Attorney General Sues IBM Over its DEI Practices: How Companies Can Prepare for the Next Round of DEI Litigation

Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in...more

In Good News For Employers And DEI Programs, The U.S. Supreme Court Requires Title VII Discrimination Plaintiffs To Show...

The U. S. Supreme Court has clarified that a plaintiff must show harm in addition to improper discriminatory intent when bringing a change-of-terms-or-conditions-of-employment claim under Title VII’s anti-discrimination...more

Employer EEO-1 Reporting: U.S. Government Revises Racial and Ethnic Categories

The federal government has revised the racial and ethnic categories that apply to data collection efforts across federal agencies, including the EEO-1 survey administered by the Equal Employment Opportunity Commission (EEOC)...more

Walking the Line: Employers Caught in the Middle of Discrimination Lawsuits

Earlier this month, The Walt Disney Company (“Disney”) became the latest company to face simultaneous allegations that they discriminate both against and in favor of women. On February 14, 2024, America First Legal Foundation...more

PAGA Claims May Proceed Despite Arguments That Trying Them Could Be ‘Unmanageable,’ California Supreme Court Rules

The California Supreme Court has determined that trial courts lack the authority to strike claims brought under California’s Private Attorneys General Act (PAGA) on the grounds that trying them would be unmanageable....more

[Webinar] Considerations and Practical Takeaways for Employers in Light of the Harvard and UNC Supreme Court Ruling - September...

In June of 2023, the Supreme Court of the United States ruled on the use of affirmative action in higher education admission, leading to increased confusion among employers on how to create and implement legally compliant...more

OSHA Issues Emergency Temporary Standard for Employers with 100+ Employees

On November 5, 2021, the Occupational Health and Safety Administration (OSHA) officially published the much-anticipated Emergency Temporary Standard (ETS) for employers with 100 or more employees. Under the ETS, covered...more

Task Force Releases Guidance on Biden’s Vaccine Mandate For Federal Contractors

On September 24, 2021, the Safer Federal Workforce Task Force issued guidance on President Biden’s Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors. The Task Force guidance provides details...more

OFCCP Reverses Course: Actually, Let’s See Those EEO‐1 Pay Data Reports

This month, OFCCP officially rescinded a Notice from nearly two years ago, which stated that it would not “request, accept, or use Component 2 data” that the EEOC collected with the 2017 and 2018 EEO-1 reports....more

President Biden’s Executive Order and COVID‐19 Action Plan: What It Means For Employers

On September 9, 2021, President Biden signed two executive orders in support of his COVID-19 Action Plan. The first is an Executive Order requiring the Safer Federal Workforce Task Force to issue guidance mandating certain...more

Pay Data Reporting Requirements In A Changing Landscape

Employers face increasing demands and pressure to ensure and declare equitable pay for employees, not only from within their own workforces, but also from clients, customers, and government leaders. While states continue...more

On the Road Again: EEO-1 Data Collection is Back and More Important than Ever

As COVID-19 vaccination programs gain speed across the country, and employers consider long-term reopening plans, the Equal Employment Opportunity Commission (EEOC) has announced that starting April 26, 2021, it will begin...more

DFEH Issues Guidance on California’s New Pay Data Reporting Requirements

California’s Department of Fair Employment and Housing (“DFEH”) has issued new guidance on the pay data reporting law enacted in September that established at the state level the equivalent of the EEOC’s discontinued EEO-1...more

Ready, Set, Respond: OFCCP Issues Final Rule on Evidentiary Standards and Predetermination Notice Procedure

On November 5, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a final rule defining the evidentiary standards it will use for proving discrimination claims by federal contractors, revising the...more

Control of the Senate or Not, Biden Has a Pen: Executive Orders Employers Can Expect Under the New Administration

With the Georgia Senate race and control of the Senate hanging in the balance, a Biden Administration’s ability to enact new employment-related legislation is questionable.  However, with the stroke of a pen, a Biden...more

OFCCP Releases Request for Information Regarding Federal Contractor Diversity Training

On October 21, 2020, OFCCP released a highly anticipated Request for Information (“RFI”) seeking information from federal contractors, federal subcontractors, and employees of federal contractors and subcontractors regarding...more

OFCCP Provides Guidance on Diversity Training Executive Order

On October 7, 2020, OFCCP issued initial guidance regarding President Trump’s recent executive order prohibiting certain diversity-related training by federal contractors (“Executive Order on Combating Race and Sex...more

California Becomes First State to Require Employers to Report Employee Pay Data By Race and Gender

On September 30, 2020, California Governor Gavin Newson signed SB 973, making California the first state to require employers to submit employee pay data by race and gender. As we previously reported, SB 973 is modeled after...more

Executive Order Restricts Federal Contractor Diversity Training

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping prohibiting certain diversity-related training in the federal workforce and among government contractors. Specifically,...more

Navigating California’s New Supplemental Paid Sick Leave Law – Guidance on Key Provisions and Common Employer Questions

On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Below we highlight the major provisions of the new law...more

EEO-1 Resurrected: California May Be First State to Revive the EEOC’s Pay Data Reporting Form

In the wake of the Black Lives Matter movement and a nationwide push towards greater equality, transparency and accountability, the California legislature this week passed a bill (SB 973) that would establish at the state...more

EEOC To Analyze EEO-1 Component 2 Pay Data with Independent Assessment

On July 16, the EEOC announced plans to fund an independent study to evaluate pay data submitted by employers for fiscal years 2017 and 2018 through Component 2 of the EEO-1 form, both to inform potential next steps for the...more

San Francisco Offers “Right to Reemployment” For Local Workers Laid-off Due to COVID-19

In an unprecedented move, on June 23, 2020 the San Francisco Board of Supervisors voted in favor of legislation that requires San Francisco employers with 100 or more employees to “offer a right to reemployment” to certain...more

San Francisco Issues Implementation Guidance on New Paid Leave Ordinance

As we reported in our previous blog post, the city of San Francisco recently enacted the Public Health Emergency Leave Ordinance (“Ordinance”) which requires certain employers to provide employees with paid leave for...more

San Francisco and San Jose Enact Emergency Paid Sick Leave Ordinances

In response to the ongoing Coronavirus pandemic, on April 7, 2020, San Francisco and San Jose issued emergency orders providing supplemental paid sick leave to certain employees working within their cities....more

74 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide