On June 5, 2025, the Supreme Court, in Ames v. Ohio Department of Youth Services, unanimously held that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing background circumstances to establish a prima facie case for reverse discrimination. 605 U.S. ___, 145 S.Ct. 1540 (2025). The plaintiff, Marlean A. Ames (“Ames”),…
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As President Donald Trump continues his ongoing trade wars, including tariffs, businesses are responding with massive layoffs to shoulder the increased cost of production. Mack Trucks, Volvo, General Motors and Estée Lauder are some of the employers that have announced layoffs, specifically citing the impact of the Trump Administration’s tariffs. Smaller employers are also laying…
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In recent years, salary transparency has evolved from a workplace taboo into a defining feature of modern employment law. Driven by shifting societal expectations and evolving labor market norms, jurisdictions across the United States are codifying pay transparency requirements—fundamentally reshaping compensation practices and imposing new compliance obligations on employers. At its core, pay transparency is…
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On January 21, 2025, President Trump signed Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order declared that employer policies and practices that “use dangerous, demeaning and immoral race- and sex- based preferences under the guise of so called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” violate…
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In recent years, there have been significant advancements in the field of artificial intelligence (AI). As AI continues to advance, its applications in the workplace are becoming increasingly prevalent. From automating mundane tasks to enhancing decision-making processes, AI has the potential to revolutionize industries and reshape the workforce. However, with this power comes a need…
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Just a month into his second term, President Donald Trump has already begun to make major changes at the Equal Employment Opportunity Commission. One of President Trump’s first actions was appointing Commissioner Andrea Lucas (“Lucas”) as Acting Chair for EEOC. Lucas has served on EEOC’s panel since 2020, when President Trump first appointed her as…
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On December 19, 2024, the EEOC published a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The purpose of the fact sheet is to provide guidance to employers that implement wearable technologies in the workplace. Wearable technologies are devices worn on the…
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In 2024, the U.S. Department of Labor (DOL) issued a final rule to clarify how workers are classified which was aimed at distinguishing between employees and independent contractors. This clarification is poised to impact industries nationwide, redefining employer obligations and worker rights under the Fair Labor Standards Act (FLSA). Worker classification has long been a…
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The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025. It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration. Many of these changes will likely roll back various Biden-era initiatives…
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On June 27, 2023, Congress passed the Pregnant Woman’s Fairness Act (“PWFA”). The PWFA requires employers with 15 employees or more to provide reasonable accommodations to employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodation would cause the employer an undue hardship. The PWFA directs the EEOC…
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