A recent lawsuit filed in the Northern District of California alleges that AI-based tools used to score, rank, and select employees for a reduction in force discriminated against workers on protected leave and those with disabilities. The lawsuit alleges this occurred, in part, because the AI-system’s inputs, such as productivity metrics and “AI-native” ratings, could not be accumulated by employees who were absent or working under various accommodations.… Continue Reading

Our breakout sessions are designed to help you dive deeper into timely, real-world HR and employment law challenges. You’ll be able to choose two sessions, and topics include workplace accommodations, HR legal fundamentals, DEI-related legal risks and enforcement trends, and updates on ERISA and benefit plan litigation.

Steering Through Uncharted Waters: Advanced Strategies for Workplace Accommodation Compliance

Speakers
Priya Vivian (Ballard Spahr)
Robyn Ruderman (Starbucks)

This advanced session is designed for experienced practitioners who already possess a foundational understanding of workplace accommodation law and are looking to deepen their expertise in handling complex disability, religious, and pregnancy-related accommodation requests under federal and state laws.… Continue Reading

Maryland’s Family and Medical Leave Insurance (FAMLI) program is quickly approaching, bringing significant new obligations for employers of all sizes. Preparing for FAMLI will require coordination across human resources, payroll, benefits, and legal teams. Employers that plan now will be better positioned to meet the program’s requirements. 

On July 29, Ballard Spahr’s Labor and Employment Group hosted a webinar on FAMLI, to provide practical guidance on implementation strategies for employers. … Continue Reading

A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights an important distinction for public employers defending challenges to DEI-related initiatives. That is, opposition to DEI does not automatically establish a viable Title VII claim, but constitutional claims may present different considerations.

Title VII Claims

In Spengler v.… Continue Reading

Two recent court developments underscore that challenges to the Trump Administration’s Executive Orders addressing diversity, equity, and inclusion (“DEI”) are far from over. In one case, a federal court in Washington blocked enforcement of certain grant conditions against a group of local government plaintiffs in relation to Executive Orders 14173 (the “DEI Order”) and 14168 (the “Gender Order”).… Continue Reading

The disparate impact theory of discrimination—under which a facially neutral policy or practice may be challenged based on its effects rather than direct evidence of discriminatory intent—is facing renewed federal scrutiny under the Trump Administration. Three recent actions from the Department of Justice, the Department of Transportation, and the Department of Labor reflect a narrower federal approach to effects-based civil rights enforcement, and a departure from historic civil rights enforcement under previous administrations.… Continue Reading

Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… Continue Reading

Maryland employers and those with employees in Maryland should begin preparing now for the state’s new paid Family and Medical Leave Insurance (FAMLI) program. With employer and employee contributions beginning in January 2027 and benefits becoming available in 2028, understanding the program’s requirements and planning ahead will help employers navigate the transition.… Continue Reading

On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking) that would revise the agency’s analysis for assessing joint employer status under three federal wage and hour laws. The proposed rule would implement regulatory guidance for determining joint employer status under the Fair Labor Standards Act (FLSA) and amend existing regulations under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) so that the proposed FLSA analysis would apply under those laws as well.… Continue Reading

In a 6-3 ruling, the Supreme Court confirmed that independent agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause.  In doing so, the Supreme Court overruled a 91-year-old case restricting the President’s right to remove such officials and opened the door for President Trump to remove other executive agency officials as he wishes.    … Continue Reading