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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 […]
“Yulissa has left the villa.” Two episodes into Season 7 of the Peacock dating series Love Island USA, contestant Yulissa Escobar was abruptly removed after podcast clips resurfaced of her using a racial slur. Later in the season, contestant Cierra Ortega was similarly removed for what the series described as a “personal situation.” Fans quickly attributed […]
One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]
Once upon a time, the employee’s workplace was entirely separate from their private life. No more. The two now bleed together, resulting in legal trouble for employers. Male Manager Targets a Female Colleague Lindsay Okonowsky worked as the sole staff psychologist at a federal prison on the West Coast. Lieutenant Steven Hellman supervised the prison […]
Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]
The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]
In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake.