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Berkshire

What Employers Need to Know About Project Firewall

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On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released new and updated educational materials on National Origin Discrimination: A new technical assistance document: “Discrimination Against...more

Thompson Coburn LLP

DOJ Drops “Disparate-Impact” Liability from Title VI: What this Means for Institutions of Higher Education

Thompson Coburn LLP on

On December 10, 2025, the Department of Justice (“DOJ”) published a final rule amending its regulations implementing Title VI of the Civil Rights Act of 1964 (“Title VI”) to eliminate disparate-impact liability. DOJ published...more

Jackson Lewis P.C.

Sixth Circuit Rules Out Retaliation Claims Under Rehab Act Section 504: What Smith Means for Federally Funded Programs

Jackson Lewis P.C. on

In a significant disability law decision, the U.S. Court of Appeals for the Sixth Circuit held 2-1 that Section 504 of the Rehabilitation Act does not authorize a private cause of action for retaliation. Smith v. Mich. Dep’t...more

Carlton Fields

California Strengthens Pay Equity With Enhanced Reporting Mandates

Carlton Fields on

On October 13, 2025, Gov. Gavin Newsom signed Senate Bill (SB) 464 into law, ushering in stricter requirements for pay data reporting. Beginning on January 1, 2026, this bill seeks to combat wage disparities by increasing...more

Venable LLP

DOJ Final Rule Limits Title VI Claims to Intentional Discrimination

Venable LLP on

The U.S. Department of Justice (DOJ) has issued a Final Rule (the “Rule”) updating its regulations under Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin...more

Poyner Spruill LLP

New EEOC Guidance Reemphasizes National Origin Protections for American Workers

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On November 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued the “Discrimination Against American Workers Is Against The Law” technical assistance guidance, reemphasizing workers’ rights under Title VII...more

Epstein Becker & Green

The EEOC, DOJ, and DOL Amplify National Origin Discrimination as an Enforcement Priority

Epstein Becker & Green on

On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing a new one-page technical assistance “Fact Sheet” regarding national origin discrimination....more

Orrick, Herrington & Sutcliffe LLP

District Court Lifts Stay in Alleged Predatory Financing Case Brought by CFPB

On December 3, the U.S. District Court for the Southern District of Texas lifted a stay in a case brought by the CFPB against several affiliated defendants, following a lapse in federal appropriations that had stayed...more

Kelley Drye & Warren LLP

U.S. to Require Social‑Media Disclosure for ESTA and Visa Applicants: What Travelers Need to Know

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The United States is moving toward an unprecedented expansion of digital and social-media screening for foreign travelers and visa applicants....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Justice Department Erases Disparate Impact Liability From Title VI Enforcement Regulations

On December 10, 2025, the U.S. Department of Justice (DOJ) issued a final rule removing liability for disparate impact discrimination under Title VI of the Civil Rights Act of 1964. ...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education - December 2025

Marshall Dennehey on

The Dismantling of the U.S. Department of Education Continues - The Trump Administration is continuing its efforts to shutter the U.S. Department of Education (DOE) by delegating the responsibility of administering several...more

Saul Ewing LLP

Special Circumstances: Home Depot, the Black Lives Matter Movement, and the Intersection of Concerted Speech and Business...

Saul Ewing LLP on

The United States Court of Appeals for the Eighth Circuit recently issued an opinion reversing a National Labor Relations Board (NLRB) ruling that held that the National Labor Relations Act (NLRA) precluded Home Depot from...more

Freeman Mathis & Gary

A measured shift in Title VI enforcement: what employers and HR leaders should know

Freeman Mathis & Gary on

On December 9, 2025, the U.S. Department of Justice finalized revisions to its Title VI regulations under the Civil Rights Act of 1964. The updated rule narrows DOJ enforcement exclusively to cases involving intentional...more

Herbert Smith Freehills Kramer

USCIS To Pause And Re-Review Immigration Benefits For Individuals From The 19 Travel Ban Countries

On December 2, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum implementing significant holds on and re-reviews of immigration benefits for individuals who are citizens of or were born in...more

McGuireWoods LLP

DOJ Promulgates Final Rule Removing Disparate Impact Regulations Under Title VI

McGuireWoods LLP on

The DOJ issued a final rule on Dec. 9, 2025, entitled “Rescinding Portions of Department of Justice Title VI Regulations to Conform More Closely with the Statutory Text and to Implement Executive Order 14281.” ...more

Troutman Pepper Locke

OCC Issues Preliminary Findings on Its Supervisory Review of Large Banks’ “Debanking” Activities

Troutman Pepper Locke on

On December 10, the Office of the Comptroller of the Currency (OCC) released preliminary findings from its supervisory review of “debanking” activities at the nine largest national banks. The objective of the review was to...more

Phelps Dunbar

EEOC Highlights Discrimination Risks With New Anti-American Bias Guidance

Phelps Dunbar on

The United States Equal Employment Opportunity Commission (EEOC) released educational materials on national origin discrimination and anti-American bias in November. The EEOC said its latest guidance intends to prevent...more

Littler

New Local and State-Wide Laws in Pennsylvania Prohibit Discrimination Based on a Variety of Protected Categories

Littler on

In the past month, Pennsylvania and its two largest cities, Philadelphia and Pittsburgh, enacted legislation that will affect employers across the Commonwealth. Pennsylvania adopted legislation to protect against...more

DLA Piper

Be Global: Employment law in 5 - 5 developments to read for November in less than 5 minutes

DLA Piper on

The latest edition of our Recording working hours: A guide to employer obligations across the EU and the UK is now available, with information on developments across 26 jurisdictions....more

Vorys, Sater, Seymour and Pease LLP

EEOC Focuses on Anti-American Discrimination

On November 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) published guidance, Discrimination Against American Workers Is Against the Law, highlighting the EEOC’s increased focus on preventing...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Limits Employee's Suit to Job Described in EEOC Charge

Prior to suing under Title VII or other federal civil rights laws, an aggrieved party must first file an administrative charge of discrimination with the Equal Employment Opportunity Commission. The charge must contain...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mayoral Override: NYC Employers to Face New Pay Data Reporting Obligations

On December 4, 2025, the New York City Council overrode a mayoral veto to enact two new pay data reporting laws, Int. 0982-2024-A and Int. 0984-2024-A, that will require large employers to submit annual reports with pay data...more

TNG Consulting

The Six Cs of Reviewing Title IX Investigation Reports

TNG Consulting on

From the vantage point of a Title IX Hearing Decision-Maker or Appeal Decision-Maker, the quality of the investigation report determines the likelihood of reaching well-supported, defensible complaint outcomes. Reports with...more

Fisher Phillips

Pennsylvania Bans Discrimination Based on Hairstyles and Head Coverings: Employer FAQs on PA’s New CROWN Act

Fisher Phillips on

Pennsylvania just became the latest state to enact hair-based antidiscrimination protections in the workplace and beyond, and employers must get familiar with new rules before they take effect in January. We’ll answer your...more

Fisher Phillips

Sneak Peek: Illinois AI Workplace Notice Rulemaking is Coming – What to Expect + Your 5-Step Action Plan

Fisher Phillips on

As Illinois employers that use AI in employment decisions ready themselves for the new anti-discrimination, notice, and record-keeping requirements starting January 1, the Illinois Department of Human Rights is in the process...more

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