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
New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors
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
GSA Issues New Certification Requirement for Recipients of Federal Financial Assistance
In response to President Trump’s Executive Orders taking action against “illegal DEI” programs, individual federal agencies have begun incorporating certification requirements into grant programs, including the General Services Administration (“GSA”). On January 28, 2026, the GSA announced for public comment its intent to issue a new certification that recipients of federal financial assistance must sign as a condition of receiving federal funds.… Continue Reading
NLRB Formally Withdraws Biden-Era Joint Employer Standard
On February 26, 2026, the National Labor Relations Board (“NLRB” or the “Board”) published a final rule formally withdrawing its 2023 joint employer regulation and reinstating the narrower 2020 standard for determining joint employer status under the National Labor Relations Act (“NLRA”).
Under the reinstated 2020 rule, joint employer status only will be found where “two employers share or codetermine the employees’ essential terms and conditions of employment.”… Continue Reading
The EEOC Takes Aim at Transgender Bathroom Access
On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) issued a decision on bathroom access in federal workplaces, establishing that intimate spaces such as bathrooms, locker rooms, and sleeping quarters in federal settings are to be designated by sex rather than gender identity. In its decision, the EEOC held that “Title VII permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces.… Continue Reading
The Economic Reality of History Repeating Itself: DOL Proposes Another Shift in Independent Contractor Classification
On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to employee classification under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).… Continue Reading
Department of Labor Issues “AI Literacy” Framework for Workers, Employers, and Educators
The Department of Labor has issued new guidance, the “Artificial Intelligence Literacy Framework,” detailing the DOL’s aspirations for the adoption of AI by workers, employers, educators, job trainers, and governments.
What is AI Literacy?
According to the DOL framework, AI literacy is “a foundational set of competencies that enable individuals to use and evaluate AI technologies responsibly.”… Continue Reading
Fortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance
Fortune 500 companies recently received an important message from the U.S. Equal Employment Opportunity Commission: review your diversity, equity, and inclusion initiatives carefully.
On February 26, 2026, EEOC Chair Andrea Lucas sent a letter to the board chairs, chief executive officers, and general counsel of Fortune 500 companies reminding them of their obligations under Title VII of the Civil Rights Act of 1964.… Continue Reading
Federal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries
Recent remarks from Trump Administration senior officials signal an expanding federal focus on diversity, equity, and inclusion (DEI) initiatives—particularly where they intersect with corporate hiring, promotion, and compensation decisions.
DOJ Elevates DEI-Related FCA Investigations to “Expedited Priority Treatment”
At the February 19, 2026 annual qui tam conference hosted by the Federal Bar Association, a Department of Justice (DOJ) official emphasized that investigations into DEI-related employment practices are “receiving expedited priority treatment.”… Continue Reading
Key Employer Takeaways from Recent Federal Guidance on Remote Work Policies
On February 12, 2026, the Equal Employment Opportunity Commission (EEOC) released new technical assistance document addressing remote work as an accommodation under the Americans with Disabilities Act (ADA). The guidance was issued in response to President Trump’s January 2025 Executive Order directing federal employees to work in-person and for federal agencies to eliminate remote work arrangements except in limited circumstances.… Continue Reading