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Employment Discrimination

Littler

OFCCP Poised to Produce Contractors’ EEO-1 Data Following Losses in Litigation

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Starting in 2018, the Center for Investigative Reporting (CIR) and a CIR reporter have been fighting to force OFCCP to disclose EEO-1 reports that have been filed by federal contractors. These contractors have operated with...more

A&O Shearman

UK Employers Are Caught Between A Rock And A Hard Place: Navigating Workplace Transgender Issues Without Guidance

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It has been reported today that the long-awaited EHRC guidance on single-sex spaces will not apply to workplaces, leaving employers facing significant uncertainty. Following the Supreme Court's ruling in For Women Scotland v...more

Bradley Arant Boult Cummings LLP

Love Was Not in the Air — and the EEOC and a Jury Took Notice

On January 16, 2026, a federal jury in Atlanta awarded $5.5 million to a security guard who alleged that her security company’s vice president of operations sexually harassed her....more

McAfee & Taft

EEOC rescinds transgender workplace guidance: What employers need to know

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In an unsurprising move, the Equal Employment Opportunity Commission voted 2–1 to formally scrap its 2024 guidance on workplace harassment on January 22, 2026. This action officially withdraws the Biden-era framework that...more

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

Florida and Texas AGs Issue Sweeping Anti-DEI Opinions on MLK Day

On January 19, 2026, the federal holiday celebrating Martin Luther King Jr., Florida Attorney General James Uthmeier and Texas Attorney General Ken Paxton issued coordinated opinions declaring that diversity, equity, and...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Nike Over Potential Reverse Discrimination in DEI Programs

Last week, the federal Equal Employment Opportunity Commission filed suit in federal court against Nike, seeking information indicating whether the company discriminated against white applicants and employees in a range of...more

Polsinelli

Ninth Circuit Ruling Sets the Stage for the Release of Thousands of EEO-1 Reports

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Over two years ago, the Northern District of California issued an order requiring the OFCCP to disclose EEO-1 Type 2 reports to the Center for Investigative Reporting (“CIR”) over the objections of thousands of employers, as...more

Husch Blackwell LLP

Fair is Foul: Inside the EEOC’s Sweeping Subpoena in the Nike DEI Pattern or Practice Discrimination Investigation—and What...

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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

Jackson Lewis P.C.

Virginia Employers Face Major Workplace Policy Shifts Under New Gov’t Leadership: How to Prepare Now

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Virginia employers potentially face the most significant overhaul of workplace laws in decades. With unified Democratic control of the executive branch and General Assembly, lawmakers have reintroduced numerous previously...more

Benesch

EEOC Targets Nike’s DEI Programs in Early Enforcement Action

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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

Saiber LLC

EEOC Rescinds 2024 Enforcement Guidance on Workplace Harassment

Saiber LLC on

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it would rescind its 2024 “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The rescission does not alter any...more

Seyfarth Shaw LLP

Federal Contractor EEO‑1 Reports Set for February Release After FOIA Litigation

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Following the Ninth Circuit’s July 2025 decision holding that EEO‑1 workforce data is not protected “commercial” information under FOIA Exemption 4, and the court’s subsequent December 29, 2025 mandate requiring the...more

Conn Maciel Carey LLP

EEOC Rescinds 2024 Harassment Guidance

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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

Vedder

EEOC Rescinds Prior Harassment Guidance: What Employers Need to Know Now

Vedder on

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

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

German Federal Labor Court Strengthens Religious Freedom Protections for Airport Security Personnel

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

DLA Piper

Be Global Employment law in 5

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In the US, worker mobility remains a core regulatory and enforcement theme. On January 27, 2026, the Federal Trade Commission hosted a workshop as part of the Administration’s efforts to highlight the negative impact of...more

DLA Piper

Preparing For The Workplace Fairness Act: Dispute Resolution, Risks And Next Steps For Employers

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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

Akerman LLP - HR Defense

EEOC Rescinds Harassment Guidance on Gender Identity: What Employers Need to Know

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

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

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

Fisher Phillips

Employers Turn to AI to Screen Candidates’ Social Media: Best Practices to Minimize Legal Threats

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Roughly 70% of employers now screen social media profiles as part of the applicant screening process – but manually scrolling through Facebook posts, X feeds, and Instagram photos is time-consuming and inconsistent. Enter...more

Jackson Lewis P.C.

DOL to Release EEO-1 Reports Following Ninth Circuit Ruling

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On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep’t of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has...more

Fisher Phillips

Thinking About Gamified AI Hiring Assessments? 6 Legal Risks and 6 Mitigation Steps to Consider

Fisher Phillips on

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

Constangy, Brooks, Smith & Prophete, LLP

Release of contractors’ EEO-1 Reports is imminent

After years of wrangling, the end is nigh. The U.S. Department of Labor has agreed to release EEO-1 Report data by February 25. How did we get here? As we previously reported, the Center for Investigative Reporting...more

McDonald Hopkins

Illinois now requires employers to disclose the use of AI for employment-related decisions

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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

Sheppard Mullin Richter & Hampton LLP

New Jersey AG Announces Comprehensive Disparate Impact Rules

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

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