Harassment/Discrimination

Federal Contractors Should Take Seriously Newest Trump Executive Order on DEI

April 13, 2026Connecticut Employers, Employer Notice Requirements, Federal Employment Developments, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers

Fourteen months after launching a full-throttled attack on diversity, equity and inclusion initiatives (DEI) as “unlawful,” which prompted multiple lawsuits, injunctive actions, and stalled enforcement initiatives, the T... Read More..

Workplace Investigations: Why Investigate?

March 31, 2026Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations, Workplace Training

Workplace investigations are not - or should not be - simply about helping an organization limit or avoid liability. The simple act of conducting an investigation cannot achieve that. Why? Because the investigation can only reveal whether there is... Read More..

Even if Unintended, Businesses Can Be Liable for Discrimination in New York and New Jersey

March 12, 2026Harassment/Discrimination, New Jersey Employers, New York Employers

Countering a Trump Executive Order issued last spring, New York and New Jersey have each declared that the states’ laws against discrimination prohibit both overt, intentional discrimination, and behaviors that have the effect of discriminating ag... Read More..

Workplace Investigations: Wait for Findings Before Determining Solutions

November 11, 2025Harassment/Discrimination, HR Policies, Workplace Investigations

Lawyers and human resources professionals who are committed to their craft are fundamentally in the business of helping people. Our most natural tendency is to determine solutions to problems. We learn of a concern, filter it through our own lens ... Read More..

Focus on Disabilities Part II: Must the Employee Disclose a Medical Condition?

October 1, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

Can an employee receive a workplace accommodation without disclosing the employee’s medical condition? The answer, as with so many seemingly “simple” legal questions, is that it depends. Policies Can Be Broader than Laws An organizati... Read More..

Trump Administration Begins Rolling Back Federal Regulation of Workplaces

September 17, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies, Wage and Hour Laws

A range of initiatives centered in the U.S. Department of Labor (DOL) are focused on reducing regulatory requirements for employers and lessening enforcement actions and penalties. These are all occurring at the same time that the Equal Employmen... Read More..

Socioeconomic and First Generation Status Become Substitute “Proxies” for Discrimination – AG Bondi Memo Part III

August 19, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

Socioeconomic status, first-generation status, and geographic location are not legally protected characteristics. By that, I mean that it is lawful for an organization to offer benefits and opportunities or make hiring or selection decisions based... Read More..

AG Bondi Memo Part II: When DEI Efforts Will Come Under the DOJ’s Fire

August 14, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

What is “unlawful DEI” and when might the federal government come after you for it? While a recent memo issued by Attorney General Pam Bondi overlapped in its categories and examples (as discussed in Read More..

Many Words Saying Little Hide One New Front of Attack: AG Bondi Memo Defining “Unlawful DEI” Part I

August 12, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

A new nine-page memo issued by Attorney General Pam Bondi that is intended to provide clarity as to when the federal government considers diversity, equity and inclusion (DEI) initiatives to be unlawful actually adds little to achieve that. The m... Read More..