Stephanie Adler-Paindiris discusses how the Muldrow decision is redefining the legal approach to performance improvement plans, emphasizing the need for employers to exercise caution and maintain confidentiality to mitigate the risk of discrimination claims in “Justices’ New Bias Test Puts Performance Reviews in Legal Bind,” published by Bloomberg Law. Subscription may be required to view article
Archives for April 22, 2025
Trump administration ordered to retract ‘sham’ rationale for firing workers
A U.S. judge has ordered the Trump administration to put in writing that thousands of federal workers were not fired over their performance as agencies had claimed in terminating them en masse.
Offices Ditch Harsh Fluorescent Lights. New Tech Is On the Way.
From faux skylights to circadian-tuned systems, lighting upgrades are a priority for companies trying to lure employees back to the workplace.
New York Beer Project to Pay $225,000 in EEOC Disability Lawsuit
BUFFALO, NY – New York Beer Project, LLC, will pay $225,000 to two former bartenders to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
White Pine Senior Living to Pay $73,000 in EEOC Pregnancy Discrimination Lawsuit
MINNEAPOLIS – White Pine Senior Living, an assisted living facility in Minnesota, has agreed to pay $73,000 and provide other equitable relief to settle a pregnancy discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
Alliance Ground International to Pay $70,000 in EEOC Disability Discrimination Lawsuit
CHICAGO – Alliance Ground International, Inc. (AGI), a Miami-based air cargo and logistics company, will pay $70,000 and provide additional relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
Nearly half of Gen Z grads admit they ghost employers who forget to mention this one thing in the interview
Failure to discuss a salary is turning Gen Z off from working for certain employers, with recent graduates molding the once-taboo topic of compensation into a non-negotiable.
3 Ways Gen Z Is Redefining Mentorship In The 2025 Workplace
Mentorship is evolving with Gen Z, fostering open communication, authenticity, and a fresh approach to professional growth in the workplace.
Why More Employers Offer Paid Sabbaticals To Combat Burnout
Sabbaticals are being used as strategic tools to combat burnout. Here’s why it’s a win-win for companies and employees.
What’s the ‘Magic Number’ for Employee Retirement in 2025?
The amount of money that U.S. workers think they need to retire comfortably has fallen in the past year, but savings are lagging. Find out why that’s a problem and how employers can help.
Most Leaders Make This Major Mistake in the Workplace — and It’s Destroying Their Teams
When employees feel seen and heard, innovation flourishes, engagement soars, and profits follow.
Everyone Needs a Mentor — But Being a Mentor Is Just as Important. Here’s Why.
Mentorship isn’t just about sharing knowledge. Here’s why mentoring others could be your most valuable growth tool as an entrepreneur.
Reminder: Los Angeles County Fair Workweek Ordinance Takes Effect in July
Retail employers should note that the Los Angeles County Fair Workweek Ordinance will go into effect on July 1, 2025.
This ordinance applies to employers in unincorporated areas of Los Angeles County. Businesses can check on the Los Angeles County Consumer & Business Affairs website to see if they are
Florida Bar Urges Law Firms to Adopt Incident Response Plans: A Call to Action for Legal Professionals
In late March 2025, the Florida Bar Board of Governors unanimously endorsed the recommendation of its Special Committee on Cybersecurity and Privacy Law that law firms should adopt written incident response plans (IRPs) to better prepare for and respond to data security incidents. The recommendation reflects a growing recognition across
Federal Court Puts Brakes on Trump-Era DEI Ban for Contractors: What California Employers Need to Know
Federal courts continue to navigate the Diversity, Equity, and Inclusion (“DEI”) landscape including Executive Orders targeting DEI. In a recent development last week, U.S. District Judge Matthew Kennelly granted a preliminary injunction against the United States Department of Labor (“DOL”) from enforcing the Executive Order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing” issued by President Trump on January 20, 2025 that effectively bans DEI programs for federal contractors and grantees.
The ruling in Chicago Women in Trades v. Trump (N.D. Ill., No. 1:25-cv-2005) extends a prior temporary restraining order, concluding that requiring contractors to certify non-participation in DEI programs likely violates their First Amendment rights. There, Chicago Women in Trades, a nonprofit that provides job training to women, challenged the requirement for contractors to certify that they do not operate DEI programs.
The court stated, “Although the government emphasized, both in its briefing and at oral argument, that the certification provision implicates only illegal DEI programs, it has studiously declined to shed any light on what this means. The answer is anything but obvious.” The court found requiring such certification likely violates the non-profit’s free-speech rights under the Constitution. The court declined to extend the ruling nationwide but prevented the DOL from cutting off funding to the non-profit. The Trump administration has said that nationwide orders from judges improperly limit the President’s powers.
The court’s ruling is not occurring in a vacuum. It lands amid a broader national reconfiguration of what is considered “legal” DEI. On April 11, 2025, four major law firms—Kirkland & Ellis, Latham & Watkins, Simpson Thacher, and A&O Sherman Sterling—entered into agreements with the Trump administration and each pledged at least $100 million in pro bono legal work to causes supported by the Administration. At the same time, industry voices like legal recruiters are making quiet adjustments. Major legal recruiting firm Major, Lindsey & Africa, for instance, silently removed DEI-related content from its website.
This trend has created a background in which courts are increasingly distinguishing between permissible DEI practices and those that may be construed as illegal preferences or quotas based on protected characteristics. According to recent EEOC guidance, Title VII does not prohibit all DEI practices but does prohibit any employment action that uses race, sex, or other protected traits as a motivating or differentiating factor.
A Reminder: Federal Shifts Don’t Cancel State Law Obligations
For California employers, especially those with federal contracts, the ruling provides temporary breathing room, but not immunity from legal scrutiny. Even if enforcement of the federal executive orders is paused, the practical takeaway remains: employers must walk a tightrope between compliance with potentially conflicting directives.
California’s robust anti-discrimination framework, including the Fair Employment and Housing Act (“FEHA”), continues to support many initiatives that fall under the DEI umbrella. While federal action may be rolling back DEI-related mandates, California law still requires efforts to prevent discrimination, promote workplace equity, and provide reasonable accommodations. Employers here must remain careful not to conflate legal EEO (Equal Employment Opportunity) practices with potentially problematic DEI branding, especially in federal compliance contexts.
Key Takeaways for California Employers
Whether you are a federal contractor, a law firm navigating client and other optics, or a tech company adapting internal policies, here are five practical steps to take now:
1. Audit Your DEI Programs
Ensure they are grounded in lawful EEO principles. Avoid policies or practices that suggest goals, quotas or preferences based on race, sex, or other protected traits. Make sure your audit is done in a manner that ensures that it is privileged from discovery.
2. Separate DEI from EEO and Accessibility Functions
As seen in the EEOC settlements, decoupling legal compliance efforts from broader DEI goals is becoming a best practice.
3. Train Management Teams
Educate supervisors, recruiters, and hiring managers about the distinction between inclusive outreach and prohibited disparate treatment.
4. Document Compliance Thoughtfully
Review your employee handbooks, job postings, grant applications, and training materials. Use language that emphasizes compliance and fairness over ideological aims.
5. Monitor State and Federal Trends
This is a fast-moving legal area. With pending appeals and possible Supreme Court involvement, employers must remain agile and well-informed.
If you want more suggestions and a more in-depth discussion of the state of DEI, legal v. illegal DEI, how to navigate the land mines, affinity groups, and other related information we encourage you to join CDF Labor Law on April 30, 2025, for a complementary webinar where our panel will spend a full hour providing information on these topics and discussing Frequently Asked Questions. Register here.