The Equal Employment Opportunity Commission (“EEOC”) has filed a motion in a Missouri federal court disclosing an investigation into allegations that the sportswear company, Nike may have violated Title VII “by engaging in a pattern or practice of disparate treatment against white employees, applicants, and training program participants in hiring, promotion, demotion, or separation decisions […]
In a recent social media post, U.S. Equal Employment Opportunity Commission (“EEOC”) Chair Andrea Lucas brings the agency’s shift in priorities to the forefront by urging white males to file claims if they have experienced workplace discrimination based on their race or sex. Specifically, on the social media platform X, Andrea Lucas stated, “Are you […]
As we previously reported, on April 23, 2025, President Trump signed an Executive Order aimed at eliminating the use of disparate-impact liability and ordering federal enforcement agencies to stop the enforcement of antidiscrimination laws based on disparate impact theories. The Executive Order directed the Attorney General and the Chair of the Equal Employment Opportunity Commission to […]
Federal Funding On July 29, 2025, the U.S. Department of Justice (“DOJ”) released guidance clarifying that federal antidiscrimination laws apply to programs or initiatives that involve discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (“DEI”) programs. According to the guidance, entities that receive federal funds must ensure that their programs and activities comply […]
As you may be aware, private employers with at least 100 employees must complete and file an EEO-1 Report that organizes employee demographic data by employee job category, as well as gender and race/ethnicity, and submit that data to the Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor on an annual basis. […]
On April 23, 2025, President Trump signed an Executive Order aimed at eliminating the use of disparate-impact liability and ordering federal enforcement agencies to stop the enforcement of antidiscrimination laws based on disparate impact theories. Disparate impact liability is a legal theory that is codified in Title VII of the Civil Rights Act of 1964 that allows […]
The U.S. Court of Appeals for the Second Circuit has reinstated the New York Reproductive Health Bias Law’s requirement that New York State employers include a notice in their employee handbooks regarding the law’s prohibition on discrimination and retaliation based on employees’ or their dependent’s reproductive health care decisions. Specifically, the law prohibits discrimination based […]
On March 19, 2025, the Equal Opportunity Commission (“EEOC”) issued two assistance documents providing guidance on illegal diversity, equity and inclusion (“DEI”) in the workplace. The two technical assistance documents are focused on educating the public about unlawful discrimination related to DEI in the workplace. The EEOC acknowledged that DEI is a broad term that […]
Recently, the New York Senate passed a bill which would enhance protections for all workers. The No Severance Ultimatums Act would prohibit employers from delivering coercive severance ultimatums to employees and former employees reviewing severance agreements, and the goal is to provide employees ample time to review such agreements. Specifically, the bill would require New […]
In the days following his inauguration, President Trump issued a flurry of executive orders, several of which related to and restricted Diversity, Equity and Inclusion (“DEI”) programs within the federal government and for private employers. A federal district court has now blocked several key provisions of those orders. On January 20, 2025, President Trump signed […]
On January 20, 2025, President Trump issued an Executive Order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”. The stated purpose of the Order is to defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and […]
The new Trump administrative has issued a flurry of executive orders. One recent executive order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” applies directly to private employers. This order criticizes various public and private sector entities for adopting and using “dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ […]
