HR Policies

End of the Rooney Rule? EEOC Chair’s Memo Flags Standard DEI Initiatives as Potentially Discriminatory

May 27, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies, Workplace Training

Even without a quorum, EEOC Acting Chair Andrea Lucas is working to reshape policy to align with the new administration. A "technical assistance" m... Read More..

Employment Law in Trump’s First 100 Days Part V: Taking the States to Task

May 8, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

The Trump administration’s challenge to discrimination protections based on a disparate impact theory extends beyond federal regulations. The April 23, 2025, executive order additionally directs the Attorney General to identify all state laws or ... Read More..

Employment Law in Trump’s First 100 Days Part III: Is the Administration Able to End Federal Disparate Impact Theory?

May 8, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

An April 23, 2025 Trump Executive Order seeking to end discrimination protections based on a disparate impact theory of liability takes a multi-pronged approach. One component of that directs the Attorney General:

to seek repeal or a... Read More..

Employment Law in Trump’s First 100 Days Part I: Feeling Rudderless in Rough Waters

May 8, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

The first three plus months of the Trump administration have brought successive waves that seek to revoke long established underpinnings of U.S. employment laws protecting individual rights: First it was the revocation of Executive Ord... Read More..

Employment Law in Trump’s First 100 Days Part II: Trump, Environmental Justice Theory, and Disparate Impact – Tied Together by New Exec Order

May 8, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

A new Trump Executive Order issued April 23, 2025, directs federal government agencies to deprioritize consideration of discri... Read More..

Trump Executive Orders Targeting Law Firms – A Case Study in Bullying and Options for Response

April 1, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

Bullying behaviors can take many forms and can come from many levels. Their common elements are that they target individuals or specific groups, in a negative or punitive fashion, through the misuse of power. Those on the receiving end of bullying... Read More..

What Is “Race”?

March 14, 2025Employee Relations, Federal Employment Developments, Harassment/Discrimination, HR Policies

I grew up believing there to be certain discrete races in the world - White, Black, Hispanic, Asian, Indigenous people of the United States and Indigenous people of other parts of the world. I understood those to be immutable, something we were bo... Read More..

DEI in Crisis Part IX: First Amendment Rights Provide Partial Relief

March 17, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

Update 3/17/25: A three-judge panel of the Fourth Circuit Court of Appeals has issued a stay of the district court's injunction pending appeal, which means that the challenged provisions of the Trump executive orders continue in effect at pres... Read More..

DEI In Crisis Part VIII: Proceed with Care – Six Key Takeaways for Employers
February 13, 2025 Federal Employment Developments, Harassment/Discrimination, HR Policies

Lest the forest got lost in the trees, we are wrapping up this series of articles on the Trump Executive Orders on affirmative action (AA) and diversity, equity, and inclusion (DEI) to highlight the key takeaways for employers.

1. ... Read More..

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