HR Policies

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

November 12, 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 present.... Read More..

DEI In Crisis Part VIII: Proceed with Care – Six Key Takeaways for Employers

February 13, 2025Federal 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..

DEI in Crisis Part VII: Be Reflective and True to Your Core

February 10, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

“Resist. Do not capitulate.” “Keep doing what you’re doing. Just call it something else.” I see these posts and I cringe that they are missing the mark. If you want to dig your heels in, play around with titles that do not use the letters D-... Read More..

DEI in Crisis Part VI: Initial Federal Responses Follow Orders, Halt Initiatives

February 6, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

The week of January 20, 2025 brough a series of executive orders, all collectively attacking diversity, equity and inclusion (DEI) initiatives in the federal government and as far as federal authority can reach into the actions of the private sect... Read More..

DEI in Crisis Part V: Gender Identity Erased and Reconstituted as Sex Discrimination

February 20, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

Recognition of gender identity and gender expression, and opportunities for transgender individuals, have become a particular focus of attack under the new administration’s general targeting of DEI programs. Invoking the prohibition against sex d... Read More..

DEI in Crisis Part IV: How Employers Should – and Should Not – Structure DEI Efforts

January 31, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies

State and local bar and medical associations are among the organizations expressly called out by the Trump Executive Order issued on January 21, 2025, directing the Attorney General to “deter unlawful DEI programs” including by identifying up to n... Read More..