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
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
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
9/6/2023
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Protection ,
Policies and Procedures ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
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
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities ,
Wage and Hour
The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more
6/28/2023
/ Arbitration Agreements ,
Automatic Stay ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Fraud ,
Interlocutory Appeals ,
Motion to Compel ,
Pre-Trial Motions ,
SCOTUS ,
Stays
The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the...more
The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more
The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more
“I just signed the Speak Out Act, a bill that’ll enable survivors to speak out about workplace assault and harassment and increase access to justice,” President Joe Biden wrote on Twitter on December 7, 2022....more