LEL Blog

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..

Focus on Disabilities Part I: When Is an Employee Entitled to a Reasonable Accommodation?

July 23, 2025Federal Employment Developments, Harassment/Discrimination, HR Policies, Leaves and Accommodations

Just because someone with a disability can function without an accommodation does not mean that the individual is not entitled to receive an accommodation under the Americans with Disabilities Act (ADA). That was the crux of a decision by the U.S... Read More..

30+ Reasons Why You CAN Fire a NY Employee

July 9, 2025Harassment/Discrimination, HR Policies, Leaves and Accommodations, New York Employers, Wage and Hour Laws

Employment-at-will means that an employee can be fired for any reason or no reason at all. In New York, as demonstrated by our Read More..

30+ Reasons Why You Cannot Fire a NY Employee

June 25, 2025Employee Relations, Harassment/Discrimination, HR Policies, Leaves and Accommodations, New York Employers, Paid Leave Time, Wage and Hour Laws

New York law strongly adheres to the principle of employment at will; except where it does not. Over the years, the government continuously adds new legal protections for employees, to such a degree that employers may not be aware of all the curre... Read More..

Workplace Investigations: Should Your Investigator Look Like the Complainant?

June 10, 2025Harassment/Discrimination, HR Policies, Workplace Investigations

The most uncomfortable conversations I have had related to a new workplace investigation have involved the request for me or another specific attorney on my team conduct the investigation because that individual is perceived to align with the same... Read More..

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..