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Jan 13, 2025 | 
jdsupra.com | Erin Connell |Esther Lander |Lisa Lupion
Employers can expect a number of employment law changes under Donald Trump’s second term. While certainly difficult to predict, below is a guide to key anticipated changes, including leadership changes at federal agencies, potential changes to regulations and policy directives, as well as future employment litigation trends. Equal Employment Opportunity Commission (EEOC) Leadership. Republican Commissioner Andrea Lucas likely will become Acting Chair or Chair of the EEOC.
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Jun 26, 2024 | 
jdsupra.com | Erin Connell |Andrew Cook |Mike Delikat
Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in the workplace. They threatened to hold companies accountable for “illegal preferences” in employment and contracting practices.
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Apr 26, 2024 | 
jdsupra.com | Erin Connell |Mike Delikat |Necia Hobbes
The U. S. Supreme Court has clarified that a plaintiff must show harm in addition to improper discriminatory intent when bringing a change-of-terms-or-conditions-of-employment claim under Title VII’s anti-discrimination provision. The decision largely represents a win for employers, especially those looking for clarity, including with respect to legal challenges to their DEI programs.
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Apr 11, 2024 | 
jdsupra.com | Erin Connell |Esther Lander |Gary Siniscalco
The federal government has revised the racial and ethnic categories that apply to data collection efforts across federal agencies, including the EEO-1 survey administered by the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The changes: Add Middle Eastern or North African (MENA) as a racial and ethnic category. Eliminate the distinction between race and ethnicity.
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Feb 27, 2024 | 
jdsupra.com | Erin Connell |Kayla Delgado Grundy
Earlier this month, The Walt Disney Company (“Disney”) became the latest company to face simultaneous allegations that they discriminate both against and in favor of women.
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Jan 30, 2024 | 
jdsupra.com | Annie Chen |Erin Connell |Scott Morrison
The California Supreme Court has determined that trial courts lack the authority to strike claims brought under California’s Private Attorneys General Act (PAGA) on the grounds that trying them would be unmanageable. In a long-awaited decision, the Supreme Court also reminded trial courts of various tools and case management techniques they can use to make PAGA claims manageable.
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Nov 15, 2023 | 
law.com | Samuel Estreicher |Erin Connell |Alexandria Elliott
With a spotlight on corporate diversity efforts, most employers are keenly aware that Title VII prohibits using race and gender when making employment decisions such as hiring, promotions and terminations. There is less clarity, however, over the extent to which Title VII prohibits employers from engaging in race- or gender-conscious recruiting in order to create a more diverse applicant pool.
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Sep 28, 2023 | 
law360.com | Erin Connell |Alexandria Elliott
ADVERTISEMENT Don't want ads? Subscribe or login now. By Erin Connell and Alexandria Elliott (September 28, 2023, 2:14 PM EDT) -- On June 29, the U.S. Supreme Court struck down race-conscious admissions programs at Harvard University and the University of North Carolina at Chapel Hill with its ruling in Students for Fair Admissions v.
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Sep 28, 2023 | 
law360.com | Erin Connell |Alexandria Elliott
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Aug 24, 2023 | 
jdsupra.com | David Cohen |Joanna Colosimo |Erin Connell
In June of 2023, the Supreme Court of the United States ruled on the use of affirmative action in higher education admission, leading to increased confusion among employers on how to create and implement legally compliant diversity, equity, inclusion, and accessibility (DEIA) programs.
