LaborSpeak: Supreme Court Rules on the Standard for Reverse Discrimination Claims

On June 5, 2025, the Supreme Court unanimously decided a case that could make it easier for employees to file so-called “reverse discrimination” claims.

Recently, economic uncertainty has resulted in more questions from employers considering organizational restructuring, including layoffs, furloughs, or hours reductions. Understanding and complying with federal, state and sometimes even local WARN Act obligations is crucial for employers looking to weather these turbulent times.

Last August, a federal district court set aside the Federal Trade Commission’s rule banning non-competes.  The FTC recently halted its appeals of that ruling and a similar decision, likely signaling the abandonment of a federal ban.  However, in the absence of a federal non-compete ban, there has been a growing trend among states to limit or prohibit the use of non-competes.  Here’s a quick update on those efforts.

In this installment of LaborSpeak, we discuss Attorney General Pamela Bondi’s memo setting forth the Department of Justice’s plan to investigate, eliminate, and penalize illegal DEI and DEIA activities in both the private sector and in educational institutions that receive federal funds. 

In this installment of LaborSpeak, we discuss some of the major changes in the labor & employment legal and regulatory landscape that employers should anticipate under the second Trump administration.

In this installment of LaborSpeak, we discuss the evolving political and legal landscape around diversity, equity and inclusion (DEI) programs and practices.  

In this installment of LaborSpeak, we discuss important updates to state laws that enhance protections for employees who are pregnant.

New York voters just passed Proposition One, also called the New York Equal Rights Amendment, expanding protections under the state constitution’s equal protection clause for public employers. The state constitution will now prohibit discrimination based on race, color, ethnicity, national origin, age, disability, creed, religion or sex—including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive healthcare and autonomy.