Over the past six weeks, Trump has issued a slew of executive orders (EOs) purporting to outlaw diversity, equity, and inclusion (DEI) programs of federal contractors, private companies, and colleges and universities. These EOs do not invalidate or affect existing workplace discrimination laws such as Title VII. However, all organizations with inclusion and diversity policies should review them to ensure they will Read More

A U.S. District Court judge in Georgia has declined to partially dismiss a former store manager’s discrimination and retaliation claims against Sephora. Nixaliz Mestre, who is Latina, was terminated from the high-end beauty chain after refusing to prioritize white job applicants over applicants of other races. The judge ruled that Mestre’s allegations were sufficiently detailed to avoid dismissal prior to the start Read More

More and more companies are explicitly moving away from diversity, equity, and inclusion (DEI) policies in the wake of the White House’s January executive order addressing the issue. In the aftermath of this exodus, employers now must grapple with how to handle discrimination complaints. Abandoning DEI policies also results in rejecting in-house dispute resolution processes for discrimination Read More

A California federal district court has granted class certification in a lawsuit against a financial services company for tracking the activities of people using their website without prior notice to them. The lawsuit claims that the company used a third-party marketing software platform to track user activity on their website in violation of the California Invasion of Privacy Act (CIPA). The software allowed the Read More

As the Trump administration takes swift action to change U.S. immigration policies, employers should expect increased work authorization enforcement actions. To that end, employers should review their employees’ I-9 forms for compliance in anticipation of potential I-9 audits. I-9 audits are the most common form of immigration enforcement that the federal government undertakes. During the previous Trump Read More

As many large American companies such as McDonald’s, Google, and Microsoft, have abandoned their diversity, equity, and inclusion (DEI) programs over the past few months, Walmart has followed suit. However, major shareholders and the attorneys general of 13 states are pushing back on that decision, demanding to know how the company will combat employment discrimination. In November, Walmart announced that it would Read More

According to a recent Harris Poll and KinderCare Learning Companies survey, 8 out of 10 human resources (HR) professionals report difficulties convincing senior executives that investing in childcare benefits for workers is beneficial. The survey, which included 152 senior executives and HR leaders from Fortune 500 companies shows that the C-suite is uncertain that an upgraded investment in childcare would result in Read More

The requirements of Title VII are critical for all employers to know. However, strict compliance with Title VII is more important than ever considering two recent developments: the Trump administration’s executive orders targeting diversity, equity, and inclusion (DEI) programs and the U.S. Department of Justice’s (DOJ) memo addressing criminal investigations of illegal programs. Title VII applies to employers Read More

In January 2025, the President issued two executive orders (EOs) concerning diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility, (DEIA) initiatives. These EOs are likely to have a significant impact on the practices of both the federal government and the private employer sector for years to come. Ending Radical and Wasteful Government DEI Programs and Preferencing The Read More

Just before the presidential inauguration, the Occupational Health and Safety Administration (OSHA) of the U.S. Department of Labor (DOL) announced the termination of its COVID-19 healthcare rulemaking. OSHA originally issued an Emergency Temporary Standard on June 21, 2021. The purpose of the standard was to protect workers in healthcare settings from COVID-19. The agency published the Emergency Temporary Read More