What happens when mandatory workplace trainings designed to address bias and promote equity go too far? According to the Second Circuit, employers may find themselves defending against hostile work environment claims. TL;DR: The Second Circuit revived a former school administrator’s hostile work environment claim under § 1983. She alleged that…
Religious-accommodation requests are getting harder for employers to navigate, especially when they collide with policies meant to support transgender employees. The Seventh Circuit just reminded us that employers cannot lean on complaints or speculation alone. A jury will decide whether denying an accommodation is justified by a true “undue hardship.”…
The Department of Justice just offered more clarity on something most employers already know: you can’t treat people differently based on race or sex. But how does that principle apply to your DEI programs? A new DOJ memo outlines where DEI initiatives might run afoul of federal law. It doesn’t…
You already know the plaintiff won. What you might not know is what that means for your workplace policies, documentation practices, and DEI strategy. I broke it all down on this week’s On Record PR podcast. TL;DR: I joined Gina Rubel to talk about the Supreme Court’s unanimous ruling in…
Diversity goals can strengthen a workplace — or, in some cases, spark a lawsuit. Just ask Clorox, now facing a revived gender discrimination claim despite its well-meaning initiatives. TL;DR: A white, male Clorox salesperson alleged age, race, and gender discrimination after he was let go during a company reorganization. Although…
Yesterday, my law partner Amy Epstein Gluck and I hosted a Zoom conversation with former EEOC Commissioner Chai Feldblum on the legal boundaries of workplace diversity, equity, and inclusion (DEI). Given the political climate and a flurry of legal developments—including EEOC inquiries and high-profile settlements—many employers are wondering: Can we…
Today’s the day. At 12:00 PM ET, my law partner Amy Epstein Gluck and I will be hosting a free Zoom conversation with Chai Feldblum, former EEOC Commissioner and a nationally recognized voice on civil rights and workplace inclusion. If you’re an employer, HR professional, attorney, or business leader…
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Questions about what employers can and cannot do are swirling, especially in light of recent agency guidance and…
If you’re feeling confused or cautious about your company’s diversity, equity, and inclusion (DEI) programs, you’re not alone — and a group of former EEOC officials says that may be by design. On April 3, 2025, these former agency leaders issued a public statement responding to the EEOC Acting Chair’s…
Last week, a federal court put the brakes on two executive orders aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) programs. Citing First Amendment concerns, the court issued a temporary injunction against the U.S. Department of Labor’s enforcement of key provisions affecting DEI-related speech and activity. Here’s…