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
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
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
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
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 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 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 term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
...more
7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour