Tag: EEOC

Administration, EEOC, and Courts Limit Workers’ Gender Identity Protections

Beginning with President Trump’s Executive Order (EO) 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government, the Trump administration has made clear it will recognize only two biological sexes and has been erasing policies, practices, and procedures that acknowledge or support gender identity or transgender individuals. EEOC Position on […]

You Can’t Skip the Paperwork: Careful Review of EEOC Charges Matters

A recent decision by the U.S. District Court for the Eastern District of Louisiana highlights a critical lesson for employers facing workplace discrimination claims: All employee filings with the Equal Employment Opportunity Commission (EEOC) should be heavily scrutinized—if an employee didn’t raise an issue in the EEOC charge, they may not be able to include […]

EEOC Abortion Accommodations Vacated by Louisiana Federal Court

On May 21, 2025, a federal judge for the U.S. District Court for the Western District of Louisiana vacated a portion of the Biden-era U.S. Equal Employment Opportunity Commission (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) to require employers to reasonably accommodate employees who choose to have an abortion. Quick Hits U.S. […]

New Trump Order Targets Disparate Impact Liability

In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race- or sex-based favoritism,” President Trump issued a new Executive Order on April 23, 2025, titled “Restoring Equality of Opportunity and Meritocracy.” The order specifically targets disparate impact liability. Background on Title VII Disparate Impact Liability Title VII of the Civil […]

All-Female Spaceflight Highlights Ongoing Shifts in DEI Policies

Last week, the most recent Blue Origin flight went to space. Unlike past voyages, all passengers were female, including a couple of celebrities. Like with anything these days, some hailed it as progress while others criticized it as a publicity stunt. What I find interesting as a labor employment attorney is the publicity and promotion […]

States That Have Issued Workplace DEIA Guidance

On February 13, 2025, state attorneys general (AG) from 15 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are […]

Striking a Balance: Insights From EEOC, DOJ Guidance on DEI and Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of the Civil Rights Act of 1964. The guidance provides critical direction for employers seeking to implement inclusive workplace policies while ensuring compliance with […]

Microchips Aren’t Just for Pets: Tracking Employees and Wearable Technology

In a popular television show, a parent is panicking because he can’t find his 17-year-old daughter. His best friend looks at him and says, “Well, just check the chip, didn’t you chip her? Our dog got chipped before we even left the shelter.” While it was a joke clearly designed for laughs, as we’ve seen […]

Pronoun War: What Trump EEOC’s Erasure of ‘Gender Ideology’ Means for Some Employers

In his first few weeks in office, President Donald Trump has demonstrated that one of his key policy initiatives is the elimination of what some call “gender ideology,” or the recognition of gender identities other than simply male and female. EEOC Acting on EO Shortly after taking office, the president issued Executive Order (EO) 14168, […]

EEOC Steps Up Pregnant Workers Fairness Act Enforcement

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of Federal Regulations in April and become effective in June. Starting last fall, the EEOC has jumped full into the enforcement of the PWFA regulations with […]