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What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more

AG Paxton’s DEI Investigation and 10 DEI Steps to Take

What do missing bolts on an airplane door and employer diversity, equity, and inclusion (DEI) programs have in common? Texas Attorney General (AG) Ken Paxton is determined to link the two. Many DEI initiatives are lawful, and...more

U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more

New Alabama Law Limits Public Employers’ DEI Efforts

The Alabama Legislature has enacted 2024 Ala. Act 34, limiting the diversity, equity, and inclusion (DEI) efforts of state agencies, public universities, and public boards of education. The new law goes into effect Oct. 1,...more

Preliminary Injunction Against Florida’s Individual Freedom (or Stop W.O.K.E.) Act Upheld

A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of...more

2024 Will Bring Anaheim’s Hotel Worker Protection Ordinance

The Anaheim Hotel Worker Protection Ordinance takes effect January 1, 2024, though it had a rocky path to passage. It started with a more expansive ordinance proposed in May, which was sent to the voters in October and...more

California’s New Requirement for Diversity Disclosures by Venture Capital Companies

California’s Governor signed Senate Bill (SB) 54, which requires a venture capital company to report annually to the California Civil Rights Department (CRD) on its funding determinations related to companies primarily...more

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

Ten DEI Steps Employers Should Consider Now

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

Initial Ripple Effects of U.S. Supreme Court Affirmative Action in Student Admissions Decision

In its decision holding the use of race in university and college admissions is unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment, the U.S. Supreme Court noted that “[e]liminating racial...more

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more

Anaheim Could be Second City in Orange County With Hotel Worker Protection Ordinance

In November 2022, the City of Irvine was the first city in Orange County to pass a Hotel Worker Protection Ordinance. The ordinance generally took effect on December 22, 2022. However, the fair compensation for workload...more

The City of Irvine May Be Next to Pass a Hotel Worker Protection Ordinance

In recent years several cities, including Los Angeles and West Hollywood have passed hotel worker protection ordinances, which put both safety and workload protections in place....more

9th Circuit Revives Lawsuit Challenging One Of The Board Of Directors Diversity Statutes

All the way back in 2018, California passed Senate Bill 826 requiring publicly-held corporations with principal executive offices in California to have a certain number of females on their board of directors. Similarly, in...more

Climate Surveys: Should You Have a DEI Report Card? [Audio]

It’s 2021 and so many rules of the game have changed. Employers are facing increasing scrutiny on the Diversity Equity & Inclusion front. Some want to get ahead of it, and make sure their DEI programs are current and...more

A New Year: Tools For Employers To Renew And Enhance Commitments To Racial Equity In The Workplace

Many companies made pledges and commitments to advance racial equity in the workplace during 2020. Will employers honor their commitments to create and maintain a racially equitable workplace? Their employees are watching...more

Class Action Trends Report Fall 2020

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

Inclusivity And High Performance Begins With Psychological Safety

A workplace where employees believe they can speak up candidly with ideas, questions, and concerns, and even make mistakes without fear of reprisal or adverse repercussions, contributes to inclusivity and can improve...more

Additional Information Released On ‘Combating Race And Sex Stereotyping’ Order; ‘Hotline’ Established

Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has...more

AB 979 Requires California-Based Publicly Held Corporations To Diversify Their Boards Of Directors

On September 30, 2020, Governor Newsom signed Assembly Bill (“AB”) 979, which requires publicly held corporations headquartered in California to diversify their boards of directors with directors from “underrepresented...more

Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave

Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the...more

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