NLRB Composition Shifts With Macy’s Arrival
On August 17, 2026, James R. Macy was sworn in as the newest member of the National Labor Relations Board (NLRB) after Senate confirmation on August 7. With Chairman James R. Murphy and Member Scott A. Mayer, Macy gives Republicans a 3–1 majority among the four sitting members; David M.… Continue Reading
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
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
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
On April 15, 2026, the Federal Trade Commission announced an enforcement action against one of the nation’s largest pest-control companies, Rollins, Inc., ordering the company to stop enforcing noncompete agreements against more than 18,000 workers nationwide. The FTC simultaneously sent warning letters to 13 other pest-control companies, signaling broader scrutiny of noncompete practices across the industry.… 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
On March 26, 2026, President Trump signed Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” the latest in a series of executive actions targeting DEI practices in the federal contracting space. This latest Executive Order requires federal contractors and subcontractors to affirmatively agree to not participate in “racially discriminatory” activities or risk legal and financial consequences.… Continue Reading