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NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule - #WorkforceWednesday® - Employment Law This Week®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®
Key Takeaways - The EU’s Forced Labour Regulation creates a sweeping product ban, not just a reporting obligation. Beginning December 14, 2027, any product made wholly or partly with forced labor at any tier of the supply...more
On February 5, 2026, the U.S. Department of Education issued new "Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools," replacing its 2023 guidance. ...more
The Americans with Disabilities Act (ADA) prohibits employers from making disability inquiries or requiring employees to undergo medical examinations unless they show the inquiry or examination to be job-related and...more
In Massey v. Borough of Bergenfield, argued before the U.S. Court of Appeals for the Third Circuit on Oct. 28, 2025, the parties dispute the legality of the current, employer-friendly, “background circumstances” test applied...more
This week, we examine the coordinated efforts by the Equal Employment Opportunity Commission (EEOC), Federal Trade Commission (FTC), and U.S. Department of Justice (DOJ) to target diversity, equity, and inclusion (DEI)...more
In light of the recent uptick in return-to-work policies requiring physical presence in the workplace, accommodation requests under the Americans with Disabilities Act (ADA) for remote work have become increasingly common....more
If I didn’t know better, I would assume this message was part of a plaintiff attorney’s marketing campaign. Instead, these words come from Equal Employment Opportunity Commission Chair Andrea Lucas in a video posted in...more
As return-to-office mandates rise, so, too, do employee requests for telework accommodations under the Americans with Disabilities Act (ADA). On February 11, 2026, the U.S. Equal Employment Opportunity Commission (EEOC)...more
Last week, we noted that the U.S. General Services Administration (GSA) had published a proposal to update federal grantees' standard certifications in the System for Award Management (SAM) to "align with" the U.S. Department...more
What’s Happening in Washington, D.C. Department of Homeland Security Set to Shut Down Tonight - Given Congress’ inability to reach a funding agreement, the Department of Homeland Security is set to shut down tonight when...more
On February 5, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a putative class action lawsuit alleging race discrimination in mortgage lending. ...more
This LawFlash explains how the Trafficking Victims Protection Act’s civil cause of action is being used to pursue sex trafficking claims against institutional defendants, why certain industries are being targeted, and what...more
On February 9, the U.S. District Court for the Western District of Washington denied a motion for preliminary injunction in a case challenging Washington’s Covenant Homeownership Program, a special purpose credit program...more
On February 2, 2026, in Sargent v. School District of Philadelphia, the U.S. Court of Appeals for the Third Circuit reversed a lower court’s grant of summary judgment for the School District of Philadelphia, which faced...more
Emily Laughlin v. Miami-Dade County, Florida, No. 24-13284, 2025 WL 3633853 (11th Cir. Dec. 15, 2025) - Emily Laughlin, a 12-month probationary employee with Miami-Dade County’s Animal Services Department, began experiencing...more
Clark v. The Trustees of the University of Pennsylvania, 2025 WL 3516770 (E.D. Pa. Dec. 8, 2025) - The plaintiff, a clinical pharmacist, alleged race-based discrimination under Title VII of the Civil Rights Act of 1964, 42...more
The Ninth Circuit’s recent decision in Gibson v. City of Portland signals a broader shift in how district courts may treat unclear complaints. In this qualified immunity case, the district court dismissed on both...more
On February 10, DOJ announced a settlement agreement, pending approval in the U.S. District Court for the Southern District of Texas, resolving claims brought by DOJ, the CFPB, and the state of Texas against a land developer...more
Although the Title IX Regulations are prescriptive in many ways, one of the ways that college and universities retain some level of flexibility is with the designation of confidential employees—employees who, for the purposes...more
The question of how to return to or maintain in-person work while satisfying legal accommodation obligations for disabled employees is one federal agencies and many private employers have faced. The Equal Employment...more
Murray v. Verizon Wireless, LLC, 2025 WL 2848494 (E.D. Pa. Oct. 8, 2025) - In his lawsuit against his employer, the plaintiff, an African American male, alleged violations of the Pennsylvania Human Relations Act (PHRA) and 42...more
2025 was an eventful year for whistleblower laws in Australia and APAC, with significant judicial decisions, and renewed efforts for reform in the corporate and public sector whistleblower space. Overall, these trends...more
Last month, the Ninth Circuit Court of Appeals furthered a trend of ruling favorably for religious organization employers in Union Gospel Mission of Yakima v. Brown. In a case specific to Washington, the Ninth Circuit...more
Ramadan is coming up soon, so now is a good time to understand an employer’s religious accommodation obligations and legal protections for Muslim employees. This year—depending on the exact timing of lunar events on which the...more
Navigating today’s constantly evolving compliance landscape can be challenging. To help simplify the process, Berkshire has compiled an overview of key federal and state EEO reporting deadlines and thresholds, giving you the...more