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Foley & Lardner LLP

Disparate-Impact Liability Gets Cancelled: Trump Executive Order Seeks to Eradicate Disparate-Impact Liability From Federal (And...

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On April 23, 2025, President Donald Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy” (“the EO”). The EO, by its own terms, seeks to “to eliminate the use of disparate-impact...more

Marshall Dennehey

Appellate Court Reverses Denial of Summary Judgment in FCRA Retaliation Case

Marshall Dennehey on

Washington Cnty. Sch. Bd. v. Davis, 50 Fla. L. Weekly D247 (Fla. 1st DCA Jan. 23, 2025) - A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Miller Nash LLP

Are EEO-1, EEO-4, and EEO-5 Statements Required to Be Filed for 2024? And Other Pending Questions…

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Various Equal Employment Opportunity (EEO) reports have been required since 1966, based on the landmark Civil Rights Act of 1964 that prohibited discrimination on the basis of sex, race, color, national origin, and religion....more

Conn Kavanaugh

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...

Conn Kavanaugh on

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025,...more

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (3/12)

Cozen O'Connor on

Illinois schools turn to retirees, substitutes, outsourcing & state grants to combat prolonged teacher shortage - “From hiring retired educators to adjusting class offerings, Illinois schools are relying on a variety of...more

Jackson Lewis P.C.

Iowa Erases ‘Gender Identity’ from Its Civil Rights Law: Employers Still Obligated Under Federal Title VII

Jackson Lewis P.C. on

The Iowa Legislature passed a bill (Senate File 418) removing “gender identity” as a protected characteristic under the Iowa Civil Rights Act. The Act prohibits discrimination in employment, education, housing, credit, and...more

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

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more

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

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more

Maynard Nexsen

Management’s Guide to Florida Employment Laws and Processes

Maynard Nexsen on

Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial...more

Jenner & Block

US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

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In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more

Brownstein Hyatt Farber Schreck

DEI Volley: Democratic State AGs Push Back on Federal Actions

In response to a recent federal executive actions targeting private-sector DEI and DEIA policies, a coalition of 16 Democratic state attorneys general issued guidance on Feb. 13 affirming the legality and viability of such...more

Franczek P.C.

The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.

Franczek P.C. on

As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives. Some states are doubling down on their...more

Goodwin

A Coalition of State Attorneys General Issues DEI Guidance in Response to Executive Order

Goodwin on

On February 13, 2025, a coalition of 16 state attorneys general issued Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives (the “Multi-State AG Guidance”). The Multi-State AG...more

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

Fisher Phillips on

It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, and...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

CDF Labor Law LLP

New Proposed Regulations Will Impact How Businesses Utilize AI to Make Personnel Decisions

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It is no surprise that businesses are seeking ways to utilize AI to increase efficiency, including developing automated decision-making systems to assist in hiring and promotion processes. The California Civil Rights Council...more

Troutman Pepper Locke

Federal Government’s Ping Pong Match on Independent Contractor Rule Is Distraction From Enhancing IC Compliance: January 2025 IC...

Troutman Pepper Locke on

Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more

Husch Blackwell LLP

AI and Workplace Discrimination: What Employers Need to Know after the EEOC and DOL Rollbacks

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Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

Jackson Lewis P.C.

Setting Evidentiary Standards: What Employers Need to Know After Puerto Rico Supreme Court’s Employment Discrimination Ruling

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Guidance on AI: Employers Must Comply With State Anti-Discrimination Standards

On January 9, 2025, New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights issued guidance stating that New Jersey’s anti-discrimination law applies to artificial intelligence. Specifically, the New...more

Holtzman Vogel Baran Torchinsky & Josefiak

New York State Senate Finance Committee to Consider DEI Bill

With the transfer of power to a new presidential administration, much of America is turning against the controversial diversity, equity, and inclusion (DEI) agenda. In Albany, however, the New York State Senate this week is...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Bricker Graydon LLP

Ohio’s Bathroom Bill and the EEOC

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Back in November 2024, Ohio Governor Mike DeWine signed into law SB 104, colloquially known as the "Bathroom Bill." This law--which goes into effect on February 25, 2025--provides specific guidelines for restroom, locker...more

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