ADA or FMLA? Why conflating the two creates serious legal risk
4/21/26
By: Paty A. Elizondo
Employees who request to work remotely or seek time away from work for medical reasons may implicate multiple employment statutes, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and, in …
Delaware’s new Pay Transparency Law: What employers need to know before 2027
4/15/26
By: Kaela Colyar
Delaware has joined a growing list of jurisdictions mandating pay transparency in job postings, adopting legislation that will take effect on September 26, 2027. The law imposes new disclosure and recordkeeping obligations on employers …
DEI crackdown: New executive order reshapes compliance obligations for federal contractors
4/10/26
By: Josette Brooksbank
On March 26, 2026, President Trump issued an Executive Order titled “Addressing DEI Discrimination by Federal Contractors,” signaling a meaningful shift in how the federal government views and regulates diversity, equity, and inclusion (DEI) …
EEOC’s first major DEI enforcement action signals new litigation risk
4/2/26
By: Kendal Ashman
In a significant development reflecting heightened federal scrutiny of diversity, equity, and inclusion (DEI) initiatives, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $500,000 settlement with Planned Parenthood of Illinois. This resolution …
Sixth Circuit expands reach of EFAA: Sexual harassment claim may keep entire case in court
3/26/26
By: Madison Alvarez
The Sixth Circuit recently issued a decision with significant implications for employers relying on arbitration agreements. In Bruce v. Adams & Reese LLP, the court held that when a lawsuit includes a sexual harassment …
Third Circuit shifts New Jersey anti-discrimination law post-Ames
3/17/26
By: Nicholas Franos
In Massey v. Borough of Bergenfield, the Third Circuit revived a white police officer’s suit of racial discrimination in hiring, reversing the district court’s grant of summary judgment and relying on the United States …
Sixth Circuit pushes back on NLRB’s Cemex strategy: Key limits on bargaining orders
3/12/26
By: Lyndsey Almeida
A recent decision from the U.S. Court of Appeals for the Sixth Circuit significantly limits the National Labor Relations Board’s effort to expand the circumstances under which employers can be forced to recognize and bargain …
The EEOC’s new DEI enforcement posture: What employers need to know (and do now)
3/11/26
By: Sunshine Fellows
In the last few weeks, the EEOC has sent a message that employers should not miss: DEI programs and initiatives that differentiate by protected class, or that are perceived to do so in design or …
Workplace whiplash: NLRB returns to 2020 joint employer rule
3/6/26
By: Cori Agnoni
The National Labor Relations Board (“NLRB” or “the Board”) recently announced the readoption of the narrower 2020 joint employer rule (29 C.F.R. § 103.40) for determining joint employer status. Returning to the stricter standard reduces …
Ohio mini-WARN Act expands requirements employers must follow in mass layoffs
3/2/26
By: Kim Ullner
As more layoffs are announced in the news, it’s a good time for Ohio employers to be sure they are complying with federal and state notice requirements. While many human resource officers are familiar with …
Pennsylvania employers can’t use criminal history information volunteered by job applicants in making hiring decisions according to recent Third Circuit decision
2/27/26
By: Cynthia O’Donnell
It is well known that employers frequently run criminal background checks on job applicants as part of the hiring process. Pennsylvania’s Criminal History Record Information Act (“CHRIA”), however, protects job applicants from being disqualified from …
Sixth Circuit reiterates employer’s responsive obligations to employee’s complaint(s) of co-worker harassment
2/23/26
By: Nicholas Franos
In Hamm v. Pullman SST, the Sixth Circuit upheld summary judgment for Pullman SST against Kevin Hamm’s complaints of harassment and claim of retaliation. This decision serves as a strong reminder for employers that …