Articles and Blogs

Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and... READ MORE

In its recent decision in Texas v. Equal Employment Opportunity Commission, the U.S. District Court for the Northern District of Texas (the “Court”) held that the Equal Employment Opportunity Commission (“EEOC”) cannot require employers to provide accommodations for transgender employees when it comes to bathroom access, dress codes and the use of pronouns, and... READ MORE

On January 14, 2025, the Wage and Hour Division of the Department of Labor (“DOL”) issued two opinion letters. One of the letters, FMLA 2025-1-A (“Opinion Letter”), provided guidance on the application of federal Family and Medical Leave Act (“FMLA”) regulations to paid leave employees take under state and local government family and medical... READ MORE

For thousands of skilled foreign professionals, the H-1B classification provides a pathway to work in the United States. However, with a strict annual limit, or cap, of 65,000 H-1B visas—plus an additional 20,000 reserved for those with advanced U.S. degrees—the demand for H-1B status far exceeds the available supply. As a result, the U.S.... READ MORE

On March 5, 2025, the United States Court of Appeals for the Sixth Circuit (the “Sixth Circuit” or “Court”) in Bashaw v. Majestic Care of Whitehall, LLC affirmed the United States District Court for the Southern District of Ohio’s (the “District Court”) grant of summary judgment, finding the reasons for an employee’s termination were... READ MORE

As explained in our previous post, Michigan’s Earned Sick Time Act (“ESTA”) was set to take effect on February 21, 2025. However, late on February 20, 2025, the Michigan Legislature passed House Bill 4002 to amend the ESTA. Governor Whitmer signed the amendment into law on February 21, 2025, and it went into immediate... READ MORE

On February 26, 2025, the Supreme Court of the United States (the “Supreme Court”) issued its opinion in Waetzig v. Halliburton Energy Services, Inc. It held that the voluntary dismissal of a federal lawsuit without prejudice, under Federal Rule of Civil Procedure 41(a), qualifies as a “final judgment, order, or proceeding” under Rule 60(b),... READ MORE

On February 21, 2025, the Federal District Court for the District of Maryland (“the Court”) issued a nationwide preliminary injunction pausing three provisions contained in two of President Trump’s Executive Orders (Executive Orders 14173 and 14151). The plaintiffs challenged three specific provisions in the Executive Orders by arguing that each was likely to be... READ MORE

With the stroke of a pen, President Trump rescinded Executive Order 11246 (“EO 11246”), which has been the foundation for workforce-related affirmative action obligations for federal contractors since 1965. Effective immediately, contractors are no longer required to maintain affirmative action programs for minorities and women, though they may continue to comply with the existing... READ MORE

In the opening days of his second term, President Donald Trump signed a number of executive orders covering a wide swath of public and private activity. One such executive order (the “Order”), entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” addresses diversity, equity and inclusion (“DEI”) programs in the federal government, as well as... READ MORE