Yesterday, the Equal Employment Opportunity Commission released two guidance documents focusing on Diversity, Equity, and Inclusion (“DEI”). The first, entitled “What You Should Know About DEI-Related Discrimination at Work” largely applies general standards from Title VII and related case law to DEI programs in a broad sense, with some specific DEI-related practices highlighted. The second guidance document, “What To Do If You Experience Discrimination Related to DEI at Work” was released in conjunction with the Department of Justice and provides similar information, but in a more compact form. These guidance documents are consistent with the Executive Orders issued by the Trump Administration earlier this year regarding “illegal DEI” and confirm that examining DEI programs of private sector employers remains a priority of the administration.
Read MoreAs we previously reported, last month the Trump administration issued a series of Executive Orders (“EOs”) aimed at challenging Diversity, Equity, and Inclusion (“DEI”) initiatives within the federal government and, to some extent, the private sector. These EOs focus on “illegal DEI” programs and initiatives that the EOs say fail to prioritize merit, skill, and individual performance. As summarized more fulsomely in the prior client alert, key directives in the EOs include revoking prior EOs related to DEI and affirmative action, directing government agencies to scrutinize and end so-called illegal DEI programs and preferences, and emphasizing a binary definition of sex. The EOs have sparked legal challenges, guidance and enforcement actions from state Attorneys General, as well as confusion among employers regarding their compliance obligations.
Read MoreThe first few days of the Trump Administration have resulted in a flurry of Executive Orders, including a number of orders focused on Diversity, Equity, and Inclusion (“DEI”) initiatives. These orders impact both the federal and private sectors. While many open questions remain, this alert summarizes the orders which are most relevant to private sector employers.
Read MoreEffective May 11, 2025, New York City employers will be required to post their lactation accommodation policy both physically in the workplace as well as electronically on the employer’s intranet (if they have one). Employers are also required to distribute their lactation accommodation policy to new employees upon commencement of employment.
Read MoreThe complex requirements employers must navigate to conduct background checks in New York recently expanded with new employer obligations and heightened notice requirements. The New York Clean Slate Act, effective November 16, 2024, prohibits consideration of sealed convictions in employment decisions and, importantly, requires employers to provide applicants and employees with notices related to criminal history information received by the employer.
Read MoreAs previously reported, effective January 1, 2025, New York employers will be required to provide employees with 20 hours of Paid Prenatal Personal Leave during any 52-week period. New York State has now released guidance for employers and employees, as well as FAQs, that employers should consult as they implement the new leave requirement.
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