On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and inclusion (DEI) executive orders (EO), “Ending Radical and Wasteful Government DEI Programs and Preferencing”
Register Now | Responding to Policy Shifts Under the Trump Administration
As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.
Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration
Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Along with my colleagues Anna Grizzle, Lisa Rivera and Elizabeth Warren, I provide guidance and best practices on effectively responding to a U.S. Immigration and Customs Enforcement (ICE) raid.Continue Reading Webinar | ICE Workplace Raids: Best Practices and Preparation for Employers
DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”
As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to government contracts and federally-funded construction contracts. The EO also mandates that new provisions be included in all government contracts and all grants, certifying that counterparties do
Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer
In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This decision will increase the type of job actions for which employers can be sued and will lead to greater risk for employers in making challenging employment decisions.Continue Reading Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job Transfer
Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
The Background
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule). Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act
Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”Continue Reading A Cautionary Tale Regarding the “Reasonable Belief” Doctrine
Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.” Employers will now have a harder time denying religious accommodations. Continue Reading Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests
Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act
The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an uncomfortable conflict between a person’s assigned gender and the gender with which the person identifies.
Continue Reading Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act