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New Executive Order Attacks ‘Disparate Impact’ Liability

On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

Illinois District Court Blocks Portions of Anti-DEI Executive Order

There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...more

EEOC and DOJ Issue Guidance on 'DEI-Related Discrimination'

Following President Donald Trump’s issuance of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI) initiatives,...more

Fourth Circuit Court of Appeals Stays Preliminary Injunction of Anti-DEI Executive Order

On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more

Maryland District Court Enjoins Portions of Anti-DEI Executive Order: What Does This Mean?

On February 21, 2025, the U.S. District Court for the District of Maryland preliminarily enjoined certain aspects of Executive Order No. 14173, President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based...more

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

The Defending Women Executive Order Presents Potential Clash Between Federal and State Antidiscrimination Law

On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (Defending Women EO). The Defending Women...more

The “Ending Illegal Discrimination” Executive Order: What Does It Mean for Employers?

The landscape of federal employment priorities is being redefined. On January 22, 2025, President Trump issued an executive order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Ending...more

OFCCP Enforcement Action Against Federal Contractor Enjoined by U.S. District Court

Last week, the United States District Court for the Southern District of Texas entered a preliminary injunction barring the U.S. Department of Labor (DOL) from pursuing an enforcement action against a federal contractor, ABM...more

SCOTUS to Review Standard for Pursuit of Title VII Reverse Discrimination Cases

Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

SCOTUS Removes ‘Significant Harm’ Requirement for Title VII Transfer Suits

On April 17, 2024, the Supreme Court decided Muldrow v. St. Louis, No. 22‑193, holding that Title VII of the Civil Rights Act of 1964 prohibits discriminatory job transfers that cause “some harm” with respect to the terms,...more

NYC Employers Required to Post and Provide the City’s Workers’ Bill of Rights

In December 2023, New York City’s Mayor signed into law a new section of the New York City Administrative Code (Local Law 161, §32-102) that requires the Department of Consumer and Worker Protection (DCWP), in conjunction...more

Delaware Supreme Court Rejects “Reasonableness” Test for Forfeiture-for- Competition Provisions

Last week, the Delaware Supreme Court reversed a Chancery Court decision that we wrote about previously, which invalidated a forfeiture-for-competition provision as an unreasonable restraint of trade. The Ainslie et al. v....more

New York Passes Law Protecting Solo Independent Contractors

On November 21, 2023, New York Governor Kathy Hochul signed Senate Bill S5026 into law, enacting the “Freelance Isn’t Free Act” (“the Act”). The Act provides that freelance workers or solo independent contractors (referred to...more

President Biden Issues Executive Order on Artificial Intelligence: Impact on Employers

As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more

PWFA Proposed Regulations and Potential Areas of Comment for Employers

The federal Pregnant Workers Fairness Act (“PWFA”) became effective on June 27, 2023. Employers with 15 or more employees are now required to reasonably accommodate a worker’s “known limitation” related to pregnancy,...more

What Employers Need to Know about the SCOTUS Affirmative Action Decision

Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

Supreme Court Clarifies "Undue Hardship" In Religious Accommodation

On June 29, 2023, the Supreme Court decided Groff v. DeJoy in a unanimous ruling that clarifies the “undue hardship” standard under which an employer can deny a requested religious accommodation under Title VII of the Civil...more

New York Legislature Passes Non-Compete Ban

On June 7, the New York Senate, by a vote of 40-21, passed a prohibition on non-compete agreements in a modified bill, 3100-A (“Bill”). On June 20, 2023 the New York State Assembly passed the Bill by a vote of 95-52. The Bill...more

Non-Compete Agreements Declared Unlawful By NLRB General Counsel

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued GC Memorandum 23-08, asserting that non-compete agreements generally violate the National Labor Relations Act. Much like the...more

“AI” in Employment Law: EEOC Issues Title VII Guidance

The accelerating pace of artificial intelligence innovation illustrated by ChatGPT, Bard, and other applications that have captured the world’s attention bring the promise of better and more effective tools on which employers...more

The Department of Consumer and Worker Protection Issues Final Rules Governing New York City’s Automated Employment Decision Tool...

On April 6, 2023, New York City’s Department of Consumer and Worker Protection (“DCWP”) issued final rules governing Local Law 144 of 2021. That law prohibits employers in New York City from using automated employment...more

Delaware Chancery Court Invalidates Restrictive Covenants and Forfeiture Provision In Partnership Agreement As Unreasonable

The Delaware Chancery Court recently invalidated restrictive covenants in a limited partnership agreement, finding the covenants to be “facially overbroad” and declining to “blue pencil” those provisions. Significantly, the...more

EEOC Draft Strategic Enforcement Plan Reflects Focus on Employers’ Use of Artificial Intelligence

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more

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