United States: Discrimination, Disability & Sexual Harassment

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough To Defeat Arbitration
A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.
United States Litigation
GT
Greenberg Traurig, LLP
Article
OFCCP Final Rule Eliminates Additional Affirmative Action Compliance Requirements For Federal Contractors And Subcontractors
On August 21, 2026, the U.S. Department of Labor’s (DOL) Office of the Federal Contract Compliance Programs (OFCCP) published a Final Rule on Section 503 of the Rehabilitation Act. The Final Rule goes into effect on September 21 and eliminates several established disability-related requirements instrumental to federal contractors and subcontractors’ compliance programs.
United States Employment
RB
Reinhart Boerner Van Deuren s.c.
Article
California Legislative Update: Which Bills Will Make The Cut?
California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.
United States Employment
SS
Seyfarth Shaw LLP
Article
Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update For Employers
A federal court has awarded Blake Lively over $400,000 in attorneys' fees and costs under California's new anti-SLAPP statute after dismissing a defamation claim brought against her for speaking out about workplace harassment. This landmark ruling marks the first fee award under California Civil Code section 47.1, which protects communications about sexual harassment, discrimination, and retaliation—raising critical questions about the financial risks employers face when responding to workplace allega
United States Employment
PR
Proskauer Rose LLP
Article
Reported EEOC Procedural Changes May Shorten Employer Response Times
The U.S. Equal Employment Opportunity Commission is reportedly preparing to cut employer response deadlines in half—from 30 days to just 15 days—while simultaneously restricting extension requests. This procedural shift could fundamentally alter how organizations investigate workplace discrimination charges and prepare their defenses, particularly in complex cases involving multiple employees or extensive documentation.
United States Employment
LM
Littler Mendelson
Article
With EEO-1 Reporting Poised To End, Should Employers Continue To Collect EEO Data? (Video)
As the EEOC proposes to eliminate EEO-1 reporting requirements, employers face a critical decision about whether to continue collecting workforce demographic data. This analysis examines the legal, practical, and strategic considerations that should inform this choice, including state-level obligations, discrimination prevention benefits, and the ongoing role of statistical evidence in employment litigation.
United States Employment
LM
Littler Mendelson
Article
DOJ Announces Second DEI-Related False Claims Act Settlement – Deloitte Agrees To Pay $21.5 Million To The United States, Plus $2.4 Million To Indiana And Florida
On August 25, 2026, the U.S. Department of Justice (DOJ or the Department) announced a $21.5 million settlement with Deloitte LLP and four affiliated entities (collectively, Deloitte), marking the second False Claims Act (FCA) settlement under the Department’s Civil Rights Fraud Initiative launched in May 2025.
United States Government
AG
Akin Gump Strauss Hauer & Feld LLP
Article
PART 1 – EO 14398 & FAR 52.222-90: Nondiscrimination Enters The Federal Procurement Process
Federal contractors now face significant new nondiscrimination requirements through FAR 52.222-90, which directly incorporates compliance obligations into the procurement process and connects them to government payment decisions under the Civil False Claims Act. The clause applies to covered federal contracts and subcontracts above the micro-purchase threshold, requiring contractors to certify they will not engage in racially discriminatory DEI activities during contract performance. With serious consequenc
United States Government
HR
HR Unlimited
Article
US Supreme Court Declines To Review Decision Finding NFL Arbitration Process Unenforceable
The U.S. Supreme Court has declined to review the NFL's challenge to a Second Circuit ruling that found the league's arbitration process unenforceable in discrimination claims brought by former coach Brian Flores. The decision centers on whether the NFL's arbitration clause, which designates Commissioner Roger Goodell as arbitrator, satisfies the Federal Arbitration Act's requirements for independence between parties and arbitrators. This ruling has significant implications for professional sports leagues t
United States Litigation
GGI Global Alliance
Article
SBA Adopts New Standard For Social Disadvantage In 8(a) Program
The U.S. Small Business Administration has issued a final rule eliminating the rebuttable presumption of social disadvantage in its 8(a) Business Development Program, requiring applicants to demonstrate group discrimination and personal material harm through evidence rather than written narratives. This significant policy shift, effective September 2026, will impact pending applications and potentially expand eligibility while raising questions about implementation and processing times.
United States Government
GT
Greenberg Traurig, LLP
Article
DOL Publishes Final Rule Implementing The Trump Administration’s Policy To “End Illegal Discrimination”
The U.S. Department of Labor has published a final rule implementing President Trump's Executive Order 14173, fundamentally transforming federal contractor compliance obligations. This regulatory change eliminates the sixty-year framework established under Executive Order 11246, ending race- and sex-based affirmative action requirements for federal contractors and subcontractors.
United States Employment
PA
Peckar & Abramson PC
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