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EEOC Issues Updated Guidance on National Origin Discrimination

The EEOC has issued a one-page technical assistance document, “Discrimination Against American Workers Is Against the Law” and updated its national origin discrimination landing page, reinforcing national origin...more

NYC Council Approves Bills to Require Employer Pay Data Reporting

The New York City Council passed a pair of bills which, if enacted, would require large employers to report pay data by employee race and gender.  The requirements would take effect immediately though, as described below,...more

Senate Restores EEOC Quorum and Appoints New Wage and Hour Division Leader

On October 7, 2025, the Senate approved two key employment agency nominations, confirming Brittany Panuccio to the U.S. Equal Employment Opportunity Commission (“EEOC”) and Andrew Rogers to lead the Wage and Hour Division...more

NYC Council Approves Bill Expanding Safe & Sick Leave Entitlements

The New York City Council has approved a bill that, if ultimately enacted, would expand the city’s Earned Safe and Sick Time Act (“ESSTA”)....more

Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act

Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination.  However, federal law provides protections for employees based on their genetic information and that of...more

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

New York State COVID-19 Sick Time Requirement to Sunset on July 31, 2025

New York State employers are reminded that, beginning July 31, 2025, they will no longer be required to provide COVID-specific sick time to employees. Since March 2020, New York employers have been required to provide...more

Rhode Island Adds New Protections for Menopause and Mandatory Wage Payment Notice to New Hires

With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions.   In addition, the state...more

E-Verify Users Must Now Generate Status Change Reports to Identify Terminated Work Authorizations

Employers enrolled in E-Verify must now generate Status Change Reports to identify employees whose work permits have been terminated due to changes in temporary status protections or similar programs....more

Amended NYC Earned Safe and Sick Time Act Rules Issued to Address Paid Prenatal Leave

To align with the new statewide paid prenatal leave law, the NYC Department of Consumer and Worker Protection has amended its rules related to the NYC Earned Safe and Sick Time Act (“ESSTA”) to address the paid prenatal leave...more

Minneapolis Expands Workplace Civil Rights Protections and Reasonable Accommodation Obligations

On May 1, 2025, Minneapolis, Minnesota’s city council passed several amendments to its civil rights ordinance (the “Ordinance”), which prohibits discriminatory practices in employment, among other areas. With regard to...more

Justice Department Launches Initiative Targeting Contractors’ and Grantees’ DEI Programs, Anti-Semitism, and Transgender Policies

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False...more

NYC Employers Reminded to Post Lactation Accommodation Policy

New York City employers are reminded that they are now required to physically and electronically post a copy of their written lactation accommodation policy...more

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Fourth Circuit Temporarily Allows DEI-Related EOs to Continue

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs

On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. ...more

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order...more

President Trump Issues Sweeping Executive Orders Aimed at DEI

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave...more

Second Circuit Reinstates New York Reproductive Health Notice of Rights Requirement for Employee Handbooks

In a January 2, 2025 decision in CompassCare et al. v. Hochul, a Second Circuit panel vacated a permanent injunction issued in April 2022 that halted the requirement that New York State employers include a notice in their...more

New York City Amends Lactation Room Accommodation Policy Requirements

Effective May 11, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy. Recently enacted Local Law 109 amends existing language...more

New York Releases Guidance on Paid Prenatal Leave Law Taking Effect January 1, 2025

The New York State Department of Labor (NYDOL) has issued informal guidance regarding the Paid Prenatal Leave benefit that will be available to New York employees beginning January 1, 2025.  The guidance includes general...more

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