On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed...more
8/14/2024
/ Administrative Procedure Act ,
Board of Directors ,
Constitutional Challenges ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Judicial Review ,
Nasdaq ,
Pending Litigation ,
Proposed Rules ,
Regulatory Authority ,
Securities Exchange Act
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
7/26/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
LGBTQ ,
Sexual Orientation Discrimination ,
Title VII
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
7/26/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
LGBTQ ,
New Guidance ,
Pending Litigation ,
Sexual Orientation Discrimination ,
Title VII
Two conflicting ballot measures have been proposed to change the minimum wage in Arizona. One applies only to tipped workers....more
Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more
The Superior Court of Arizona recently confirmed that state law preempts two local ordinances in Phoenix and Tucson that were set to take effect on July 1, 2024, and would have required construction companies that contract...more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more
5/1/2024
/ Anti-Harassment Policies ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Pregnancy ,
Protected Class ,
Race Relations ,
Sexual Orientation ,
Workplace Harassment Guidance
States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill...more
Employers often target benefit offerings to specific groups of workers—think dependent care accounts or student loan repayment matching contributions—so maybe it was inevitable....more
The U.S. Equal Employment Opportunity Commission (EEOC) recently released lengthy proposed guidance for employers regarding their compliance with federal antidiscrimination laws that prohibit workplace harassment based on...more
10/16/2023
/ Anti-Harassment Policies ,
Comment Period ,
Complaint Procedures ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Proposed Guidance ,
Protected Class ,
Sexual Orientation ,
Training Requirements
The U.S. Equal Employment Opportunity Commission (EEOC) recently released proposed guidance seeking to clarify that harassment and discrimination based on LGBTQ+ status—including intentional misgendering, repeated use of...more
10/11/2023
/ Anti-Harassment Policies ,
Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Comment Period ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Harassment ,
Proposed Guidance ,
Sexual Orientation ,
Title VII ,
Workplace Harassment Guidance
The Arizona Division of Occupational Safety and Health (ADOSH) has unveiled a new comprehensive state emphasis program (SEP) aimed at mitigating heat-related illnesses and injuries at both indoor and outdoor workplaces....more
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more
8/11/2023
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
Department of Education ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Groff v DeJoy ,
Public Schools ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender ,
Undue Hardship
On June 30, 2023, the Supreme Court of the United States ruled a wedding website designer who has religious objections to same-sex marriage may legally refuse to design websites for same-sex couples because the First...more
On February 15, 2023, the Occupational Safety and Health Administration (OSHA) withdrew its proposed rule that would have revoked the final approval status of Arizona’s state plan for occupational safety and health. The...more
The White House recently launched an effort to revise and update the statistical standards for race and ethnicity data collection across federal agencies with a stated goal of better reflecting the growing diversity of people...more
2/15/2023
/ Affirmative Action ,
Biden Administration ,
Comment Period ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
OMB ,
Public Agencies ,
Public Employees ,
Statistical Analysis
On December 13, 2022, President Joe Biden signed H.R. 8404, known as the Respect for Marriage Act, into law, guaranteeing marriage equality for same-sex and interracial couples under federal law. The law passed both houses of...more
On December 5, 2022, the Supreme Court of the United States heard oral arguments in a case on whether a wedding website creator may legally refuse to make websites for same-sex couples based on First Amendment grounds....more
On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the...more
12/6/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Civil Rights Act ,
Dismissals ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fort Bend County Texas v Davis ,
Petition for Writ of Certiorari ,
Title VII ,
Transgender ,
Verification Requirements
On November 29, 2022, the U.S. Senate passed the Respect for Marriage Act, which would guarantee marriage equality, including for interracial and same-sex couples, under federal law. The bill, H.R. 8404, passed the Senate in...more
The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is...more
On April 21, 2022, the federal Occupational Safety and Health Administration (OSHA) issued a a proposed rule to revoke Arizona’s occupational safety and health (OSH) plan’s final approval under Section 18(e) of the...more
On March 18, 2022, Arizona Governor Doug Ducey signed nineteen bills into law, including, most notably for nursing home and assisted living facility employers, Senate Bill (SB) 1242, which strengthens employee background...more
On April 1, 2021, Arizona Governor Doug Ducey signed into law House Bill (H.B.) 2067, which amends Arizona Revised Statute (A.R.S.) Section 13-905 to allow the courts to issue an order for a “Certificate of Second Chance” for...more
During his January 2021 State of the State address, Arizona Governor Doug Ducey called for “COVID liability protection, so that a statewide emergency doesn’t line the pockets of trial attorneys with frivolous lawsuits.” On...more