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DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

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

Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

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

Arizona’s Minimum Wage: Contrasting Ballot Measures Could Impact State Pay Rates

Two conflicting ballot measures have been proposed to change the minimum wage in Arizona. One applies only to tipped workers....more

EEOC Releases Guidance for Preventing Harassment at Construction Worksites

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

Arizona Court Nullifies Two City Ordinances on Prevailing Wage

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

EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment

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

DEI Under Scrutiny, Part V: Proposed Utah Bill Would Have Extended Restrictions on DEI to Private Employers’ Training Programs

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

Options for Menopause Benefits for Employees

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

EEOC’s Proposed Guidance Specifies Effective Features and Content in Anti-Harassment Polices, Training and Complaint Processes

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

Proposed EEOC Guidance Highlights Harassment Based on Sexual Orientation and Gender Identity

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

Arizona Unveils New State Emphasis Program to Address Heat-Related Illnesses

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

Supreme Court Says Wedding Website Designer May Refuse Same-Sex Couples Under First Amendment

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

Arizona Gets to Keep Its State-Operated Workplace Safety and Health Program

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

Collecting Data on Race and Ethnicity: White House Launches New Plan

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

Federal Law Recognizing Same-Sex, Interracial Marriages Under Federal Law Signed

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

Supreme Court Hears Arguments on Whether Wedding Website Creator Can Refuse Same-Sex Couples

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

Supreme Court Declines Review of Transgender Fire Chief’s Discrimination Case

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

Same-Sex, Interracial Marriages Federal Bill Takes Step Toward Approval

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

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

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

Workplace Safety in Arizona: Update on OSHA’s Proposal to Revoke State Plan

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

Arizona Strengthens Background Check Requirements for Nursing Home and Skilled Nursing Facility Employees

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

Arizona’s New Law Affords Second Chances to Arizonans With Criminal Convictions

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

Arizona COVID-19 Update: Pandemic Liability Shield Legislation Awaits Governor’s Signature

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

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