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Disparate Impact Liability Under Fire

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more

DEI Dead at Revamped EEOC: EEOC Enforcement Priorities After Trump Administration Makeover

President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of...more

The Supreme Court Has Weighed in: Employers Considering Title VII Religious Accommodation Requests Now Face a Heightened Standard

On June 29, 2023, the Supreme Court of the United States issued three opinions. Of them, Groff v. DeJoy (“Groff”),in which the Court unanimously revised the standard for determining whether accommodating an employee’s...more

CMS Interim Final Rule Challenged – Stay Tuned

As we previously reported, effective November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the Rule) requiring full COVID-19 vaccination for staff and others at Medicare- and...more

EEOC Updates COVID-19 Guidance to Address Vaccine Mandate Religious Exemptions

On Monday, October 25, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updates to its online technical assistance for employers, providing guidance for managing workplace issues arising from the ongoing...more

Second Circuit Decision in Sexual Harassment Case Shows Heightened Risk for Health Care Employers

Health care employers should be aware that a recent holding from the U.S. Court of Appeals for the Second Circuit may indicate that courts and juries are beginning to weigh in on the dramatic sexual harassment developments,...more

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

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