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Whiteford

Employment Law Update: Fourth Circuit Reinforces ADA’s “Qualified Individual” Requirement in Remote Work Dispute

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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

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

EEOC Consolidates Power, Signaling Aggressive, ‘America First’ Agenda Enforcement

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

NAVEX

EEOC Harassment Guidance Rescinded: What Employers Need to Know

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In a 2-1 vote on January 22, 2026, the U.S. Equal Employment Opportunity Commission fully rescinded its 2024 Enforcement Guidance on Harassment in the Workplace.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

Berkshire

Your EEO Compliance Playbook for 2026: Key Takeaways from the Webinar

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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

Bradley Arant Boult Cummings LLP

DEI Under Strict Scrutiny in Texas: Employer Risks and Compliance After State AG Advisory Opinion

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

DCI Consulting

FTC Warns Law Firms About Diversity Certification Program

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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

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

Kansas Passes Legislation to Restrict Transgender Bathroom Access in Government Buildings

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

Shumaker, Loop & Kendrick, LLP

Client Alert: Centers for Medicare & Medicaid Services Proposes Sweeping Restrictions on "Sex-Rejecting Procedures" (aka...

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

Constangy, Brooks, Smith & Prophete, LLP

An employer's harassment to-do list for our times

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

Arnall Golden Gregory LLP

DEI Programs Face New Antitrust and Discrimination Scrutiny From Federal Agencies

Key Takeaways - Federal agencies are increasing their enforcement attention on DEI programs. Recent messaging by the FTC and EEOC reflects focus on whether DEI initiatives result in differential treatment based on any...more

Schilling Law LLC

The Jack Reid Law: Five Best Practices for New York Private Schools To Navigate Reports of Bullying and Harassment

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Following a recent change to New York law, New York City’s independent schools are now required to adopt policies and procedures to protect students from bullying, both on and off-campus.  On October 23, 2025, Governor Hochul...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP is fully funded by latest appropriations legislation

But how will it spend all that money? On February 3, President Trump signed an appropriations bill that allocates $100 million to the Office of Federal Contract Compliance Programs through September. This amount is...more

Rivkin Radler LLP

New York Amends Shield Law

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The New York “Shield Law” refers to several statutes intended to protect patients and providers seeking or offering services concerning gender-affirming care or abortion. These statutes were enacted in response to certain...more

Levenfeld Pearlstein, LLC

Best Practices for Workplace Investigations — Lessons from Mohamed v. SHRM

In December 2025, a federal jury in Colorado awarded $11.5 million to a former employee of the Society for Human Resource Management (SHRM) — the leading organization for HR professionals. The jury awarded $1.5 million in...more

Kohrman Jackson & Krantz LLP

Institutional Interests in Title IX Hearings: How “Neutral” Processes Are Shaped in Practice

Title IX hearings are designed to balance fairness, safety, and compliance within highly regulated institutional environments. Colleges and universities emphasize neutrality, impartiality, and defined procedures and process...more

Fisher Phillips

Resort Employee Can Proceed with Disability Suit Over Service Dog in Housing: What Hospitality Employers Should Know

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A recent federal court ruling presents a cautionary tale for employers when handling employee disability-related requests. The US District Court for the District of Utah’s January 13 decision allows the employee to proceed...more

Husch Blackwell LLP

Transgender Rights in the Courts: A Year of Landmark Decisions and Pending Questions

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The legal landscape for transgender rights in the United States continues to evolve rapidly, with the U.S. Supreme Court (the “Court”) and federal courts issuing pivotal decisions. The past year has seen high-profile cases on...more

Ius Laboris

Four Practical Tips to Foster Interfaith Harmony at Work

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World Interfaith Harmony Week, observed between 1–7 February, seeks to "recognise the imperative need for dialogue among different faiths and religions to enhance mutual understanding, harmony and cooperation among people."...more

TNG Consulting

Building a Sustainable Title IX Budget from the Ground Up

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Establishing a new campus-based Office for Civil Rights or Title IX office can feel like building the plane while flying it. When you’re the inaugural coordinator with no preexisting budget, it can be daunting to determine...more

Seyfarth Shaw LLP

Late Minute Reprieve: Court Halts Haiti TPS Termination

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A federal District Judge in Washington, D.C. has issued a ruling affecting hundreds of thousands of Haitian Temporary Protected Status (TPS) holders and the employers who rely on them. On February 2, 2026, the court granted a...more

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

As Flu Season Surges, Fourth Circuit Offers Guidance on Vaccine Mandate Litigation

May an employer ask an employee about his or her vaccination status? And may the employer then take an adverse employment action based on that status? ...more

Venable LLP

GSA Proposes Adding "Illegal DEI" Certifications to SAM.gov

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On behalf of granting agencies, the administering agency of the System for Award Management (SAM), the U.S. General Services Administration (GSA), announced its intent to change how financial assistance recipients certify...more

Bond Schoeneck & King PLLC

Trump Administration Drops Appeal to Defend Dear Colleague Letter on DEI – Implications for Higher Education Institutions

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s...more

Harris Beach Murtha

The EEOC Rescinds 2024 Harassment Guidance

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On Jan. 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace (“2024 Harassment Guidance”). The rollback of the Biden-era guidance...more

Saul Ewing LLP

EEOC Announces Changes to Start the New Year

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The Equal Employment Opportunity Commission (EEOC) started 2026 by announcing changes to both policy and procedure. It appears the EEOC's new chair, Andrea Lucas, intends to vigorously pursue the Trump Administration's agenda...more

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