The “Disparate” Dilemma in Employment Discrimination Litigation
A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast
Fair Lending 101 for Debt Collectors - The Consumer Finance Podcast
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: COVID-19 Vaccination Policies, Worker Organizing Task Force, Whistleblowing Increases - Employment Law This Week®
Illegal or ill-mannered? Title VII meets Ms. Manners
Pregnancy In the Workplace...Hot Off the Press
Executive Order 14398, signed March 26, 2026, is forcing contractors to rethink diversity practices in public procurement. EO 14398 targets “racially discriminatory DEI activities,” placing federal contractors under...more
A recent federal jury verdict against BMW Manufacturing Co., LLC highlights the legal risks that can arise when global mobility practices intersect with U.S. anti-discrimination laws. For automotive companies operating U.S....more
To borrow from Ron Burgundy, “that de-escalated quickly.” Jeff Vaughn was a veteran news anchor at two CBS affiliates in Los Angeles. When his contract was terminated and he was replaced with a Black news anchor, he...more
Artificial intelligence is no longer a theoretical disruption—it is actively reshaping how work gets done. Across industries, AI and automation are eliminating entire categories of jobs, from data entry and customer service...more
On March 26, 2026, President Trump signed an Executive Order entitled “Addressing DEI Discrimination by Federal Contractors” (the “Order”)1 that imposes new requirements to take effect within 30 days....more
In 2021, Ascension Genesys Hospital terminated Nicole Walker from its residency program after she failed a required licensing exam for the second time. This month, a state court jury in Michigan awarded Dr. Walker $10.3...more
The biggest danger may be misreading the order—and creating new exposure in the process. On March 26, 2026, President Trump issued an executive order (EO) titled “Addressing DEI Discrimination by Federal Contractors.”...more
What happens when a protester claims the agency failed to treat two similarly situated proposals the same, but the record shows they weren’t really alike? That was the central issue in iAdeptive Technologies, LLC, B-424158,...more
Since 1990, the New Jersey Supreme Court has held “majority-group” discrimination plaintiffs – those alleging they have been discriminated against in favor of member of a minority group – to a heightened standard of proof...more
On March 6, 2026, the U.S. Court of Appeals for the Third Circuit issued a significant decision clarifying how discrimination claims brought by majority-group plaintiffs should be analyzed under the New Jersey Law Against...more
In Massey v. Borough of Bergenfield, the Third Circuit revived a white police officer’s suit of racial discrimination in hiring, reversing the district court’s grant of summary judgment and relying on the United States...more
On March 6, 2026, the Third Circuit ruled in Massey v. Borough of Bergenfield that New Jersey’s approach to claims of reverse discrimination was irrevocably undermined by the U.S. Supreme Court’s ruling in Ames v. Ohio Dep’t...more
Where Training, Certification, and Community Come Together - Join us in Denver, CO, June 7-11, 2026, for in-person learning designed for professionals in Title VI, Title IX, non-discrimination, and civil rights...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) has ceased investigating claims based solely on alleged disparate impact discrimination. Traditionally, disparate impact discrimination claims could be proven when a...more
A recent decision from the U.S. Court of Appeals for the Eleventh Circuit (which covers Florida, Georgia, and Alabama) provides an important reminder for employers: courts must look at the “entire picture” when deciding...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
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
This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously...more
Key Takeaways On February 4, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed an action in Missouri federal court “to compel Nike Inc. to produce information related to allegations that the company...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
Employment discrimination lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her prima facie Title VII discrimination case reads: A plaintiff must...more
The landscape of workplace civil rights enforcement is shifting — and fast. With Andrea Lucas now serving as Chair of the U.S. Equal Employment Opportunity Commission (EEOC), organizations should expect a markedly different...more
Employers shouldn’t overly rely on reports that the EEOC is no longer interested in disparate impact: private lawsuits and other entities bringing such claims, both in the traditional discrimination and the emerging “illegal...more
Every December, we are encouraged to reflect on a defining milestone in American constitutional and civil rights history – the ratification of the 13th Amendment on December 6, 1865....more
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