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Reverse discrimination claims boosted by Supreme Court

by Paige Good and Harrison Kosmider, McAfee & Taft

Jun 06, 2025 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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Analysis

When trying counts: IVF places teacher in protected class under Title VII

Title VII of the Civil Rights Act of 1964—as amended in 1978 by the Pregnancy Discrimination Act (PDA)—makes it unlawful for an employer to discharge or otherwise discriminate against a woman because she is pregnant. In...

Nov 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Economic headwinds: Navigating layoffs with care and compliance

When budgets tighten—whether because of a federal government shutdown, grant cuts, manufacturing slowdowns, or a dip in tourism—some employers face the difficult decision to reduce staff. If layoffs are on the table...

Nov 01, 2025 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

MN-DOLI publishes guidance on meal and rest break laws effective January 1

The Minnesota Department of Labor and Industry (MN-DOLI) recently published guidance on some of the key amendments to Minnesota’s meal and rest break laws that are set to take effect January 1, 2026. In this article, we...

Nov 01, 2025 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Understanding the H-1B visa and Trump’s $100,000 proclamation

The H-1B visa has long been a cornerstone of U.S. immigration policy, allowing American companies to hire highly skilled foreign workers in specialty occupations like technology, engineering, and health care. But a...

Nov 01, 2025 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Employee political speech: Protected or not?

Political discussions between employees at work become heated, negative political social media posts go viral, off-duty employees are photographed participating in off-duty protests, or workers show up at work wearing...

Nov 01, 2025 · Employment Law Letter · Midwest · Arkansas · Kansas · Missouri · Oklahoma

H-1B program overhaul: New $100K fee and increased enforcement

On September 19, 2025, the Trump administration issued a presidential proclamation imposing new restrictions on H-1B visa holders seeking to enter the United States. Subsequently, additional clarification was provided by...

Nov 01, 2025 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Court OKs EEOC’s continued investigation after charging party files suit

The U.S. Court of Appeals for the 2nd Circuit recently joined the 7th and 9th Circuits in holding that the Equal Employment Opportunity Commission’s (EEOC) investigatory powers don’t end after the agency issues a right...

Nov 01, 2025 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

Be aware of major H-1B changes: $100K payment + increased DOL scrutiny

The H-1B compliance landscape is shifting significantly. Two recent developments—a presidential proclamation and the Department of Labor’s (DOL) new Project Firewall initiative—mean that employers face both new costs and...

Nov 01, 2025 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

DOJ sending FCA investigatory letters on DEI

The U.S. Department of Justice (DOJ) has started investigating federal contractors and grant recipients for allegations that diversity, equity, and inclusion (DEI) programs violate antidiscrimination laws. Background In...

Oct 01, 2025 · Federal Employment Law Insider

‘Independent’ federal agencies on verge of disappearing

One of the central facets of the unitary executive theory is that the executive branch of government should operate as a single, fully coordinated entity, with all decisions (major and minor) and all appointees (major...

Oct 01, 2025 · Federal Employment Law Insider

Senate goes ‘nuclear’ to confirm Trump nominees

On September 11, 2025, Senate Republicans changed the rules to break a Democratic blockade of President Trump’s nominees. The change lowered the existing 60-vote threshold for considering a group of presidential nominees...

Oct 01, 2025 · Federal Employment Law Insider

States, NLRB battle over authority over unionization

The disarray at the National Labor Relations Board (NLRB), now with only one member and an acting general counsel (GC), has prompted states to start acting on their own to provide methods of resolving labor disputes that...

Oct 01, 2025 · Federal Employment Law Insider