A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit vacated a district court’s preliminary injunction against portions of two of President Donald Trump’s executive orders (EOs) about diversity, equity, and...more
2/24/2026
/ Appeals ,
Appellate Courts ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Government Agencies ,
Preliminary Injunctions ,
Standing ,
Trump Administration ,
Vacatur
On Jan. 19, 2026, the attorneys general (AGs) of Florida and Texas released separate formal legal opinions asserting that certain diversity, equity, and inclusion (DEI) and affirmative action measures in the private and...more
1/22/2026
/ Affirmative Action ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Protection ,
Florida ,
Race Discrimination ,
State Attorneys General ,
Statutory Interpretation ,
Texas ,
Title VII
The first public meeting of the Equal Employment Opportunity Commission (EEOC) of the second Trump Administration was held on Jan. 14, 2026 (and was attended by a Jackson Lewis P.C. attorney). The EEOC has only had a quorum...more
1/16/2026
/ Employment Discrimination ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Harassment ,
New Guidance ,
Policies and Procedures ,
Pregnant Workers Fairness Act ,
Regulatory Authority ,
Regulatory Reform ,
Rescission ,
Title VII ,
Trump Administration
On Dec. 3, 2025, Florida state Rep. Rachel Saunders Plakon (R-36) and Rep. Kim Kendall (R-18) introduced the “Freedom of Conscience in the Workplace Act” (HB 641). If enacted, the Act would prohibit Florida public employers...more
12/22/2025
/ Employment Discrimination ,
Employment Policies ,
Florida ,
Gender Identity ,
Government Agencies ,
LGBTQ ,
New Legislation ,
Proposed Legislation ,
Public Employers ,
State and Local Government ,
State Labor Laws ,
Transgender
Attorney General Pam Bondi issued guidance dated July 29, 2025, to all federal agencies and recipients of federal funding, reiterating the Trump Administration’s January directive that all programs, policies, and activities —...more
8/1/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Federal Funding ,
New Guidance ,
Title VII
Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —...more
6/10/2025
/ Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Religious Accommodation ,
Retaliation ,
Reverse Discrimination ,
SCOTUS ,
Title VII
On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning...more
6/6/2025
/ Ames v Ohio Department of Youth Services ,
Civil Rights Act ,
Disparate Treatment ,
Employment Discrimination ,
Employment Litigation ,
Muldrow v City of St Louis ,
Pleading Standards ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Summary Judgment ,
Title VII
A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more
5/30/2025
/ Constitutional Challenges ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Gender Identity ,
Harassment ,
Sex Discrimination ,
State Labor Laws ,
Statutory Interpretation ,
Texas ,
Title VII
President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more
The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more
A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit on March 14, 2025, granted the Trump Administration’s motion to stay enforcement of the district court’s preliminary injunction against President Donald...more
The federal district court for the district of Maryland on March 10, 2025, clarified its Feb. 21 preliminary injunction against Trump Administration enforcement of aspects of its executive orders (EOs) that ban “illegal”...more
3/14/2025
/ Department of Labor (DOL) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Government Agencies ,
Preliminary Injunctions ,
Reverse Discrimination ,
Title VII ,
Trump Administration
A federal district court judge for the district of Maryland on March 3, 2025, denied the Trump Administration’s motion to stay implementation of a Feb. 21, 2025, preliminary injunction temporarily prohibiting the...more
The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more
2/25/2025
/ Affirmative Action ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
First Amendment ,
Preliminary Injunctions ,
Title VII ,
Trump Administration
Challenges to diversity, equity and inclusion (DEI) programs are at an all-time high and increasing. Executive orders (EOs) issued by President Donald Trump prohibit “illegal DEI” activities by federal agencies, contractors,...more
2/3/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
EEO ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Hiring & Firing ,
OFCCP ,
Title VII ,
Trump Administration ,
Wage and Hour
On Jan. 21, 2025, President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO). Its stated purpose is to end illegal diversity, equity, and inclusion and...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Donald Trump ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Discrimination ,
Sex Discrimination ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On his first day in office, President Donald Trump acted swiftly to ensure federal agencies recognize only two sexes, male and female, and to reject the concept of “gender ideology.” Among the slew of his Day 1 executive...more
When a “dispute” arises under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) depends on when the specific facts of the case show a “conflict or controversy” exists between the parties, the...more
Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024. ...more
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
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) gives an employee the option of bringing claims related to sexual assault or harassment in court instead of arbitration. The EFAA, however,...more
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
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
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
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
The nation’s semiconductor chip shortage has far-reaching implications for industries ranging from consumer electronics to national security. The Creating Helpful Incentives to Produce Semiconductors for America Act (CHIPS...more
12/20/2023
/ Affirmative Action ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Workers ,
O-1 Aliens of Extraordinary Ability ,
SCOTUS ,
Semiconductors ,
STEM ,
Supply Chain ,
Technology Sector ,
Title VII ,
Visas