Discrimination

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 The rescinded guidance had consolidated and replaced multiple prior EEOC harassment guidance documents and was intended to serve as a single, unified agency resource on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

Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… Continue Reading

Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not discriminate based on race, color, national origin, sex, religion, or other protected characteristics, according to the latest guidance issued by the Department of Justice.… Continue Reading

Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision.

On Friday, June 20, 2025, the Supreme Court resolved a circuit split: whether a person who no longer holds or seeks a job with their former employer can sue that employer for alleged post-employment discrimination under the Americans with Disabilities Act (“ADA”).… Continue Reading

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.… 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