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Practice Area: Employment

WHAT EMPLOYERS SHOULD KNOW ABOUT THE EEOC’S WITHDRAW OF LONGSTANDING AFFIRMATIVE ACTION GUIDANCE

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The U.S. Equal Employment Opportunity Commission (“EEOC”) recently took a significant step that may affect how employers evaluate affirmative action and diversity-related employment practices. On June 30, 2026, the EEOC voted to rescind two longstanding guidance documents that had provided employers with the agency’s interpretation of when voluntary affirmative action plans could comply with Title…
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ELEVENTH CIRCUIT CLARIFIES ROLES OF “CONVINCING MOSAIC” STANDARD AND PRETEXT WHILE DENYING DISCRIMINATION CLAIMS

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On April 29, 2026, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff alleging disability and age discrimination against her former employer failed to provide evidence tending to show that her employer’s reasons for terminating her were pretextual. This affirmed the ruling dismissing her claims from the United States District…
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NLRB’S WITHDRAWAL OF 2023 JOINT EMPLOYER RULE RESTORES NARROWER LIABILITY FRAMEWORK FOR MULTI-ENTITY EMPLOYMENT RELATIONSHIPS

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On February 25, 2026, The National Labor Relations Board (“NLRB”) published a final rule withdrawing its 2023 regulation titled “Standard for Determining Joint Employer Status” and formally readopting the 2020 joint employer standard into the Code of Federal Regulations at 29 C.F.R. § 103.40. The agency’s action effectively removed the expanded regulatory framework adopted during…
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GEORGIA FEDERAL COURT DECISION SIGNALS REDUCED RISK FOR EMPLOYERS PROVIDING LEGAL ASSISTANCE TO NEW HIRES

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In FieldTurf USA, Inc. v. Polyloom Corporation of America, a case in the U.S. District Court of the Northern District of Georgia, FieldTurf brought claims against a former employee alleging breach of his employment agreement and misappropriation of confidential information and trade secrets after his departure from the company. FieldTurf also sued the employee’s new…
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ELEVENTH CIRCUIT DENIES RUSSIAN IMMIGRANT RELIEF IN NATIONAL ORIGIN AND RELIGIOUS DISCRIMINATION CLAIMS AGAINST WALMART

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On December 22, 2025, the United States Court of Appeals for the Eleventh Circuit held that Walmart was entitled to summary judgment as to claims of hostile work environment, religious discrimination, and retaliation from a former employee and Russian immigrant, affirming a ruling from the United States District Court for the Southern District of Alabama…
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REMOTE WORK AS AN ADA ACCOMMODATION IN A POST-COVID LANDSCAPE

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There has been a trend over the past several years of employers enforcing return-to-work policies. With return-to-work requirements, employers may see an increase in employees requesting Americans with Disabilities Act (“ADA”) accommodations to work from home, especially as advancements in technology make remote work possible., Employers may face the question of whether they should grant…
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ILLINOIS AND NEW YORK LEAD THE WAY IN REGULATING ARTIFICIAL INTELLIGENCE IN HIRING  

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Illinois has emerged as a national leader in regulating the use of artificial intelligence (“AI”) in employment decisions, particularly in hiring and recruitment. Recent amendments and expansions to Illinois law significantly restrict how employers may use AI-driven tools, especially those that analyze video interviews, facial expressions, voice patterns, or other biometric-adjacent data, to evaluate job…
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PROJECT FIREWALL LEADS TO ENHANCED FEDERAL ENFORCEMENT AGAINST DISCRIMINATORY HIRING PRACTICES

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On November 25, 2025, just five (5) days after the Equal Employment Opportunity Commission (“EEOC”) released updated educational materials addressing anti-American bias in employment practices, the U.S. Department of Labor (“DOL”) formally announced its partnership with EEOC in a new enforcement initiative known as “Project Firewall.” The initiative, focused on enforcing compliance with the H-1B…
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ELEVENTH CIRCUIT HANDS FREIGHT WORKER A LIFELINE ON HIS INTERFERENCE CLAIM

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On November 7, 2025, the United States Court of Appeals for the 11th Circuit held that a former freight handler for FedEx can move forward with his interference claim under the Family and Medical Leave Act (“FMLA”), partially reversing a ruling from the United States District Court for the Northern District of Alabama in James…
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THE IMPACT OF THE GOVERNMENT SHUTDOWN ON EEOC AND NLRB OPERATIONS AND EMPLOYERS

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On October 1, 2025, the federal government shut down after Congress failed to approve a resolution to fund the government. As a result, several federal agencies, including the Equal Employment Opportunity Commission (“EEOC”) and National Labor Relations Board (“NLRB”), have issued contingency plans to maintain essential operating functions while also furloughing a significant percentage of…
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