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
EEOC

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees
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

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data
The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and that beginning this year, all communications sent to filers will be electronic.… Continue Reading

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights
Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals.
EEOC Withdraws Lawsuits. Aligning with Executive Order 14168 (Jan. 20, 2025) announcing that the federal government will recognize only male/female as the two “immutable biological classifications,” the EEOC has deprioritized transgender discrimination charges and moved to dismiss at least seven lawsuits brought on behalf of transgender employees.… Continue Reading

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The EEOC and the DOJ released a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work,” and the EEOC also released a longer question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work” (collectively, the “Guidance”).… Continue Reading

Trump EEOC Says “Anti-American Bias” Is New Focus of Discrimination Enforcement
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

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI in Education
Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives. A federal court denied the Trump administration’s motion to stay a preliminary injunction blocking the enforcement of most elements of President Trump’s Executive Orders 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity and 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing (collectively, “the DEI Executive Orders”).… Continue Reading

The Changes Begin: Trump Administration Takes Slew of Actions in the Labor and Employment Field
As anticipated, immediately upon his inauguration, President Trump took swift action in the labor and employment arena. His initial appointments and Executive Orders left no doubt that his administration will make an abrupt and definitive break with his predecessor.
President Trump first appointed new leaders to the Equal Employment Opportunity Commission (“EEOC”) and the National Labor Relations Board (“NLRB”), and then took additional actions aimed at halting and reversing many Biden-era initiatives and policies.… Continue Reading
New EEOC Pregnant Workers Rule Adds Requirements This Month
The U.S. Equal Opportunity Commission has issued its final regulations for the Pregnant Workers Fairness Act (“PWFA”), providing guidance for employers on implementing the PWFA in their workplaces and understanding how the law will be enforced. The new rules will take effect on June 18, 2024, although the PWFA itself has been in effect since June 27, 2023.… Continue Reading
EEOC Sues Employers Ahead of This Year’s EEO-1 Reporting Deadline
The U.S. Equal Employment Opportunity Commission (“EEOC”) took aggressive enforcement measures this week by filing suit against 15 employers that allegedly failed to submit mandatory EEO-1 workforce demographic reports in prior years, including 2021 and 2022. The lawsuits were brought in federal courts across 10 states, including New Jersey, New York, and Arizona.… Continue Reading