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EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment...more

Supreme Court Invalidates Race-Based Affirmative Action in Higher Education Admissions: What Does That Mean for Private Employers?

The United States Supreme Court made headlines recently by ruling that colleges and universities may no longer take race into account when making admissions decisions. At a time when the population is growing ever more...more

The Supreme Court Has Stayed OSHA’s Vaccine-or-Test Emergency Temporary Standard. Now What?

On Thursday, January 13, 2022, the U.S. Supreme Court issued a stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS). This halts OSHA’s enforcement of...more

Supreme Court Removes A Final (?) Roadblock For Employment Arbitration Agreements

Class action lawsuits against employers have steadily increased both in number and in dollar value over the past two decades. These lawsuits cost employers millions, often for technical or minor violations spread over many...more

Did The Supreme Court Just Strip Protection From Whistleblowers? Short Answer: No.

On February 21, 2018, the U.S. Supreme Court held that an employee who was fired shortly after he reported suspected securities law violations to senior management in his company was not a “whistleblower” within the meaning...more

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