Title VII - General

The U.S. Equal Employment Opportunity Commission’s (EEOC) guidelines regarding disparate impact liability under Title VII of the Civil Rights Act of 1964 are inconsistent with the statute and raise serious constitutional concerns, the U.S. Department of Justice said in an opinion letter issued on June 9, 2026.

On May 28, 2026, the U.S. Court of Appeals for the Eleventh Circuit ruled that the employee-headcount damages cap under Title VII of the Civil Rights Act of 1964 is a waivable affirmative defense and that Title VII defendants must explicitly raise the applicable statutory damages limit as an affirma

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme C

First Circuit Rejects Per Se Rule that Performance Improvement Plans Automatically Qualify as Adverse Employment Actions This month, in Walsh v. HNTB Corporation , the U.S. Court of Appeals for the First Circuit affirmed a district court finding that placing an employee on a performance improvement

Employers may not use private agreements with employees to shorten the statutory filing periods for claims under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA), according to the U.S. Court of Appeals for the Fourth Circuit.

Employers shouldn’t overly rely on reports that the EEOC is no longer interested in disparate impact: Private lawsuits or other entities bringing such claims, both in the traditional discrimination and the emerging “illegal DEI” contexts, still pose legal threats. In this episode, our attorneys disc

On December 10, 2025, the U.S. Department of Justice (DOJ) issued a final rule removing liability for disparate impact discrimination under Title VI of the Civil Rights Act of 1964. This rule applies to recipients of federal funding, including state and local government agencies, nonprofits, schools

Artificial intelligence is everywhere—from resume screening to productivity tracking—but what happens when the tech gets it wrong? In this episode, Jen dives...

Following the Supreme Court of the United States’ April 2024 ruling in Muldrow v. City of St. Louis , employers have grappled with determining what constitutes an adverse employment action that will support a claim under federal antidiscrimination laws. A recent decision from the U.S. Court of Appea

TakeawaysAn internal EEOC memo reportedly directs the agency to discharge all disparate impact discrimination claims.The directive furthers an executive order issued by the president earlier this year.The policy is a significant departure from the EEOC’s previous enforcement strategies and may have

EEOC to Close Investigations of Disparate Impact Discrimination The U.S. Equal Employment Opportunity Commission will close almost all pending charges based solely on allegations of disparate impact discrimination by September 30, 2025, according to an internal memorandum obtained by Bloomberg Law.

Can an employee sue for discrimination after being placed on a Performance Plan? We are about to put an employee on a Performance Improvement Plan. Can they sue us for employment discrimination? Many employers use Performance Improvement Plans, or “PIPs,” as a way to provide clear guidance and direc

Summary judgment is where many employment cases are resolved and where a strong record can mean the difference between dismissal and costly litigation. This session looks at how the decisions employers make during real-time issues — managing performance, documenting concerns, responding to complaint

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social media remarks criticizing gender-affirming care for transgender people and

By: Federal Agencies Directed to End Enforcement of Disparate Impact Discrimination Claims Under President Trump’s New Executive Order By: Federal Agencies Directed to End Enforcement of Disparate Impact Discrimination Claims Under President Trump’s New Executive Order On April 23, 2025, President T

TakeawaysFederal agencies are expected to limit their enforcement of disparate impact discrimination claims.Employers should look to remove barriers to equal employment opportunity and avoid making any employment decision based on race, sex, or other protected characteristic. Employers may soon rece

On April 23, 2025, President Donald Trump issued an executive order (EO) calling for an end to disparate impact liability for discrimination and ordering federal enforcement agencies to stop enforcement of antidiscrimination laws based on disparate impact theories.

Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title V

In this episode, Jen discusses why employers should update their EEO compliance training.