The “Disparate” Dilemma in Employment Discrimination Litigation
Electronic Funds Transfers Issues
New Leadership and Priorities for the EEOC - #WorkforceWednesday® - Employment Law This Week®
H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback - #WorkforceWednesday® - Employment Law This Week®
Current Tailwinds in Women’s Health - What Do They Mean for Your Business? – Diagnosing Health Care Video Podcast
State Law Trends, “Captive Audience” Ban Clash, Rhode Island Menopause Law - #WorkforceWednesday® - Employment Law This Week®
New H-1B Visa Fee, EEOC Shutters Disparate Impact Cases, Key Labor Roles Confirmed - #WorkforceWednesday® - Employment Law This Week®
Social Media and Employee Firings: What Employers Need to Know - #WorkforceWednesday® - Employment Law This Week®
A Changing Campus Landscape: What Universities Need to Know
Remote Work and Religion: New Legal Risks for Employers in 2025 - #WorkforceWednesday® - Employment Law This Week®
Executive Order 14281: The End of Fair Lending Law Enforcement Through Use of the Disparate Impact Legal Theory?
Betty, la fea y otras formas de acoso laboral
NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule - #WorkforceWednesday® - Employment Law This Week®
Meeting the Moment: How Lawyers Can Unite to Protect Democracy and the Rule of Law - On Record PR
New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
When DEI Meets the FCA: What Employers Need to Know About the DOJ’s Civil Rights Fraud Initiative
Current Regulatory, Legislative, and Litigation Developments on ADA Website Accessibility for Consumer Finance Digital Platforms — The Consumer Finance Podcast
2023 CRA Rule Repeal: Lessons to be Learned
DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®
The New Jersey Supreme Court ruled on January 29, 2026, that Title IX—the federal law that prohibits sex discrimination in all publicly-funded educational institutions—preempted the grievance procedure in a labor contract...more
Overview On January 22, 2026, the U.S. Department of Education (the "Department") announced its intent to establish the Accreditation, Innovation, and Modernization negotiated rulemaking committee (the "Committee") to develop...more
On January 22, 2026, the EEOC decided in a 2-1 decision to rescind its comprehensive “Enforcement Guidance on Harassment in the Workplace.” This guidance was published by the EEOC on April 29, 2024, representing the EEOC’s...more
On January 14, 2026, the U.S. Department of Housing and Urban Development (HUD) issued a proposed rule to “remove its discriminatory effects regulations and [leave] to courts questions related to interpretations of disparate...more
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Agency”) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace (the “Guidance”). See here. The decision, which...more
The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has addressed the permissibility of wearing religious headscarves at work on multiple occasions. In its decision of January 29, 2026 (Ref. No. 8 AZR 49/25), the...more
At a glance - On 4 November 2025, Singapore's Parliament passed the Workplace Fairness (Dispute Resolution) Bill, which establishes a dispute resolution framework for workplace discrimination claims. With this second...more
Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1...more
Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more
On February 3, several U.S. senators sent a letter to CFPB Acting Director Russell Vought urging the Bureau to rescind its proposed rule that would end the ECOA’s disparate impact test, which would prevent the CFPB from...more
Your talent acquisition team just pitched an exciting idea: replace your boring personality tests with AI-powered games that measure soft skills like creativity, resilience, and teamwork. The vendor promises better candidate...more
An employee’s medical condition may implicate both the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) at the same time, but the two laws use distinct eligibility frameworks and impose...more
The Civil Division of the U.S. Department of Justice (DOJ) recently issued its annual statistics and press release on False Claims Act (FCA) settlements and judgments for fiscal year 2025 covering the period Oct. 1, 2024 to...more
As of January 1, 2026, the Illinois Human Rights Act was amended to require employers to disclose the use of artificial intelligence (AI) for any employment-related decisions, including hiring, promotion, or discipline....more
On December 17, 2025, the New Jersey Attorney General announced that the Division on Civil Rights adopted new rules clarifying disparate impact discrimination liability under the New Jersey Law Against Discrimination. The...more
Despite the shortened week, legislators wasted no time getting back to work ahead in week four of the 2026 Iowa Legislative Session. Most legislators spent Monday in their home districts at party caucuses and headed to Des...more
The U.S. Court of Appeals for the Fourth Circuit recently issued a decision in Haggins v. Wilson Air Center, LLC that offers valuable guidance for employers navigating disability accommodation requests, particularly those...more
In January 2026, through a series of party-line votes, the U.S. Equal Employment Opportunity Commission (EEOC) continued its agency overhaul—revising internal voting procedures, restricting the general counsel’s litigation...more
In a 2-1 vote on January 22, 2026, the U.S. Equal Employment Opportunity Commission fully rescinded its 2024 Enforcement Guidance on Harassment in the Workplace. This marks a meaningful shift in the workplace compliance...more
As we enter 2026, the landscape of Equal Employment Opportunity (EEO) compliance continues to evolve rapidly. Berkshire’s recent webinar, “Your EEO Compliance Playbook for 2026,” provided timely insights and practical...more
On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and...more
On January 30, 2026, the U.S. Federal Trade Commission (FTC) sent letters to 42 law firms warning that their participation in a diversity certification program could potentially create liability under federal antitrust laws...more
Kansas recently became the latest state to pass legislation to restrict transgender individuals’ access to bathrooms and other private spaces in government-owned buildings. ...more
The Department of Health and Human Services (HHS), through the Centers for Medicare & Medicaid Services (CMS), has issued two landmark proposed rules that would significantly restrict the delivery and funding of...more
Easiest to-do list ever! As I reported recently, the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers...more
