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On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace—which had provided the agency’s position for identifying, preventing, and responding to workplace harassment, particularly the harassment of LGBTQ+ workers—after finding the guidance exceeded the agency’s rulemaking authority. Repeal Follows Executive […]
On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-to-1 to rescind the harassment guidance issued under the Biden administration. The EEOC submitted the rescission as final to Office of Management and Budget (OMB) for its approval on December 29, 2025, without public notice and comment. Harassment Guidance Issued in 2024 On April […]
Recent guidance from the Equal Employment Opportunity Commission (EEOC) makes it clear that national origin protections under Title VII of the Civil Rights Acts of 1964 protect American workers. In a one-page guidance document, the EEOC emphasized that federal law prohibits employers from favoring foreign workers to the detriment of American workers based on national […]
With each presidential change, employers are thrust into a ping-pong match of shifting directives. What was required under one administration may be discouraged or even prohibited under the next administration. As Trump 2.0 completes its first year, business leaders are seeing a rapid recalibration of federal labor and employment priorities. With the White House expected […]
The U.S. Equal Employment Opportunity Commission’s (EEOC) posture has shifted, and employers should take note. With the recent confirmation of a second Republican EEOC commissioner, Brittany Panuccio, the EEOC has a quorum on its five-seat panel, with a two-to-one Republican majority. With the quorum restored, the EEOC can alter policy, guidance, strategic plans, and litigation […]
Beginning with President Trump’s Executive Order (EO) 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government, the Trump administration has made clear it will recognize only two biological sexes and has been erasing policies, practices, and procedures that acknowledge or support gender identity or transgender individuals. EEOC Position on […]
A recent decision by the U.S. District Court for the Eastern District of Louisiana highlights a critical lesson for employers facing workplace discrimination claims: All employee filings with the Equal Employment Opportunity Commission (EEOC) should be heavily scrutinized—if an employee didn’t raise an issue in the EEOC charge, they may not be able to include […]
On May 21, 2025, a federal judge for the U.S. District Court for the Western District of Louisiana vacated a portion of the Biden-era U.S. Equal Employment Opportunity Commission (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) to require employers to reasonably accommodate employees who choose to have an abortion. Quick Hits U.S. […]
In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race- or sex-based favoritism,” President Trump issued a new Executive Order on April 23, 2025, titled “Restoring Equality of Opportunity and Meritocracy.” The order specifically targets disparate impact liability. Background on Title VII Disparate Impact Liability Title VII of the Civil […]
Last week, the most recent Blue Origin flight went to space. Unlike past voyages, all passengers were female, including a couple of celebrities. Like with anything these days, some hailed it as progress while others criticized it as a publicity stunt. What I find interesting as a labor employment attorney is the publicity and promotion […]