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
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
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 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
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
The U.S. Equal Employment Opportunity Commission (“EEOC”) has voted to rescind Biden-era anti-harassment guidance. The rescinded guidance had consolidated and replaced multiple prior EEOC harassment guidance documents and was intended to serve as a single, unified agency resource on workplace harassment law. It was anticipated that the EEOC might limit the recission to those portions that pertained to harassment on the basis of sexual orientation and transgender status, but the Commission voted to rescind the guidance in its entirety.… Continue Reading
Philadelphia has passed legislation prohibiting discrimination and requiring accommodation on the basis of needs related to menstruation, perimenopause, or menopause, becoming the first major U.S. city to explicitly offer these expansive protections. Only Rhode Island currently protects menopause, although New York is considering a similar bill.
Philadelphia amended its Fair Employment Practices Ordinance on December 19, 2025, to add these conditions as protected classes.… Continue Reading
The New York City Council recently voted to override the veto of Mayor Eric Adams and pass two laws aimed at increasing pay equity and transparency. These laws amend the administrative code of the City of New York and will require private employers with 200 or more employees in the City to annually report certain workforce demographic data to the City. … Continue Reading
On December 10, 2025, the Department of Justice filed a complaint in Minnesota federal court against Minneapolis Public Schools (“MPS”) Special School District No. 1, its Board of Directors, and the MPS Superintendent. The Complaint alleges that the Defendants are discriminating against teachers based on their race, color, sex, and national origin in violation of Title VII of the Civil Rights Act of 1964, based on provisions in the Defendants’ collective bargaining agreement (CBA) with the teachers’ union.… Continue Reading
Just before Thanksgiving, Pennsylvania gave some employees another reason to give thanks. On November 25, 2025, Pennsylvania Governor Josh Shapiro signed the Creating a Respectful and Open World for Natural Hair (CROWN) Act into law. The law amends the Pennsylvania Human Relations Act (PHRA) to define “race” and “religious creed”—two classes which are legally protected against workplace discrimination—to include certain hairstyles and head coverings.… Continue Reading