Noah Jennings

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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 the Trump Administration’s longstanding stance on “gender ideology,” several recent legal developments have curtailed or sought to limit LGBTQ rights.  Collectively, these actions reflect a broader trend of renewed efforts to limit LGBTQ protections at the federal and state levels.  Despite these efforts, sexual orientation and gender identity remain protected characteristics under federal and many state and local antidiscrimination laws.… Continue Reading

The City of Seattle recently succeeded in securing a partial injunction against the Trump Administration’s enforcement of two executive orders (EOs) under which the Administration threatened to withhold millions in federal grant funding to the City. Judge Barbara J. Rothstein’s decision in the Western District of Washington, if upheld on appeal, has significant implications for federal grant recipients and the conditions that may be imposed on federal funding related to diversity, equity, and inclusion (DEI) and gender issues.… Continue Reading

Earlier last month, the Senate confirmed over 100 of President Trump’s nominees en bloc in a 51‑47 party-line vote. The confirmed nominees included Brittany Bull Panuccio as an EEOC Commissioner, Andrew Rogers as Administrator of the DOL’s Wage and Hour Division, Jonathan Berry as Solicitor for the DOL.

EEOC Commissioner Brittany Bull Panuccio

Prior to her May 6, 2025, nomination by President Trump, Panuccio worked as an assistant US Attorney in Florida handling criminal and civil appeals.… Continue Reading

After briefly releasing — and then quickly withdrawing — its regulatory agenda last week, the Department of Labor (DOL) has republished its Spring 2025 unified agenda.  According to the DOL’s press release, the Spring 2025 agenda reflects a focus on transparency, deregulatory actions, and clarifying employer obligations across a range of labor and employment issues.… Continue Reading

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation. District Judge Matthew J. Kacsmaryk, who has served as a judge in the U.S. District Court for the Northern District of Texas since appointed by President Trump in 2019, found that the EEOC had exceeded its statutory authority in issuing the guidance and granted summary judgment in favor of the plaintiffs, thereby vacating the guidance nationwide.… Continue Reading

On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change comes amidst the Trump Administration’s wider focus away from protecting immigrants and other demographic groups that have been historically viewed as primary targets of discrimination.… Continue Reading

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified on February 21, 2025, when a federal judge in Baltimore issued a nationwide preliminary injunction on enforcement of much of the EO. The ruling comes on the heels of a guidance memo issued earlier this month by 16 Democratic state attorneys general in which the state AGs argue that DEI best practices are not illegal.… Continue Reading