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Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. The case highlights the tension between discrimination against LGBTQ+ individuals and discrimination based on religion amid evolving and sometimes conflicting legal standards and guidance, including based on the Supreme Court of the United States’ heightened standard for undue hardship for religious accommodations.

Nonnie L. Shivers Phoenix Author

Zachary V. Zagger New York Author

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity, and inclusion (DEI) efforts. While the decisions will directly affect admissions policies at higher education institutions across the country, private employer DEI policies and initiatives, voluntary affirmative action programs, and environmental, social, and governance (ESG) efforts are facing greater scrutiny and legal challenges and employers may need to adapt to this quickly evolving legal landscape.

T. Scott Kelly Birmingham Author

Linda S. Goldman Los Angeles Author

Zachary V. Zagger New York Author

The Supreme Court’s Affirmative Action Ruling: 6 Takeaways for Government Contractors

How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with their regulatory obligations under Executive Order (EO) 11246, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), and Section 503 of the Rehabilitation Act. However, federal contractors can expect that their diversity efforts will receive more scrutiny going forward.

Leigh M. Nason Columbia Author

Emily M. Halliday Washington D.C. Author

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion initiatives. The decision also contained a robust debate over the government’s race and ethnicity categories, which the university respondents used in their admissions processes. Many employers use those same race and ethnicity categories for various government reporting and recordkeeping purposes.

T. Scott Kelly Birmingham Author

Emily M. Halliday Washington D.C. Author

Supreme Court Strikes Down Affirmative Action in College Admissions

On June 29, 2023, the Supreme Court of the United States held that certain race-conscious college admissions policies violate the Equal Protection Clause of the Fourteenth Amendment, which prohibits discrimination based on race. The ruling comes in a decision consolidating two cases that challenged the use of race-conscious admissions policies by private and public universities aimed at maintaining racially diverse student bodies.

T. Scott Kelly Birmingham Author

Jimmy F. Robinson, Jr. Richmond Author

Zachary V. Zagger New York Author

Juneteenth Now Recognized by All 50 States on Its Second Anniversary as a Federal Holiday

In 1980, Texas became the first state in the United States to recognize Juneteenth as an official state holiday, and today all 50 states and the District of Columbia have recognized Juneteenth as a state holiday or observance.

Johnnie A. James Los Angeles Author

Christine Bestor Townsend Milwaukee
Chicago Author

Zachary V. Zagger New York Author

Texas Passes the CROWN Act, Joining 20 Other States in Banning Racial Discrimination Based on Hair Texture or Hairstyle

On May 27, 2023, Governor Greg Abbott signed into law the CROWN Act (House Bill No. 567), making Texas the twenty-first state to ban racial discrimination based on hair texture or hairstyle in schools, employment, and housing.

Collin K. Brodrick Dallas Author

EEOC Considering Guidance on AI Tools Beyond ADA, Official Says

The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans with Disabilities Act (ADA), an EEOC chief counsel office said.

Zachary V. Zagger New York Author

EEOC Issues Joint Statement on Automated Systems and AI Concerns With Other Agencies

On April 25, 2023, the U.S. Equal Employment Opportunity Commission (EEOC), Department of Justice (DOJ) Civil Rights Division, Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC) issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems that are increasingly being used by public and private organizations, including to make employment-related decisions.

Jennifer G. Betts Pittsburgh Author

Danielle Ochs San Francisco Author

Zachary V. Zagger New York Author

ESG: Important New Considerations for Employers

Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses unique and difficult challenges for companies that can have a direct impact on their financial performance and broader perception as responsible corporate citizens.

Simone R.D. Francis St. Thomas
New York Author

Zachary V. Zagger New York Author

Women’s History Month Spotlight: Part 2 of a Q&A With Ogletree Shareholder Diana J. Nehro

In honor of Women’s History Month, we asked New York shareholder Diana Nehro, the newest member of the firm’s board of directors and chair of Ogletree Deakins’ Cross-Border Practice Group, a few questions about her experiences as a prominent and respected woman in the legal profession.

Diana J. Nehro New York
Boston Author

Hera S. Arsen, Ph.D. Torrance Author

Women’s History Month Spotlight: Part 1 of a Q&A With Ogletree Shareholder Diana J. Nehro

Diana J. Nehro New York
Boston Author

Hera S. Arsen, Ph.D. Torrance Author

Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the wearing of facemasks with “Black Lives Matter” messaging.

Bernard J. Bobber Milwaukee Author

Zachary V. Zagger New York Author

Collecting Data on Race and Ethnicity: White House Launches New Plan

The White House recently launched an effort to revise and update the statistical standards for race and ethnicity data collection across federal agencies with a stated goal of better reflecting the growing diversity of people in the United States. On January 26, 2023, the Office of Management and Budget (OMB) published a notice in the Federal Register in OMB’s 1997 Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15).

T. Scott Kelly Birmingham Author

Nonnie L. Shivers Phoenix Author

Zachary V. Zagger New York Author

Minnesota’s New CROWN Act Becomes Law: State Now Prohibits Discrimination Based on Hair Style

On February 1, 2023, Minnesota governor Tim Walz signed a law to prohibit discrimination based on hair texture and hair styles, adding Minnesota to the growing list of states to enact such legislation, commonly referred to as the “CROWN Act.”

Cynthia A. Bremer Minneapolis Author

Colin H. Hargreaves Minneapolis Author

Zachary V. Zagger New York Author

Uncertain Economy Could Raise Reduction in Force Issues for Many Businesses

With the rise of inflation and other negative economic indicators, most news reports are suggesting that the U.S. economy is facing uncertain times. Some economists predict that the economy is headed for a recession or that the United States has already entered one, while others are more optimistic.

Trina Ricketts Kansas City Author

Zachary V. Zagger New York Author

Massachusetts CROWN Act Goes Into Effect on October 24, 2022

On July 26, 2022, Governor Charlie Baker signed into law “An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles,” popularly known as the Massachusetts CROWN Act. The effective date of the new law is October 24, 2022.

Lisa Stephanian Burton Boston
Portland (ME) Author

Laurielle Howe Boston Author

Florida’s Stop Woke Law Is Sedated—Judge Blocks Law Limiting Workplace Bias Trainings

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of a Florida’s H.B. 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring employees to undergo a training “that espouses, promotes, advances, inculcates, or compels” employees to believe any of various sex- and race-based discrimination concepts.

William E. Grob Tampa Author

Zachary V. Zagger New York Author

Massachusetts Becomes Latest State to Ban Discrimination Based on Natural Hairstyles and Hair Texture

On July 26, 2022, Massachusetts Governor Charlie Baker signed into law “An Act Prohibiting Discrimination Based on Natural and Protective Hairstyles,” also known as the Massachusetts CROWN Act.

Mark H. Burak Boston Author

Laurielle Howe Boston Author

New Louisiana Laws on Hair Discrimination and Wage Garnishment Take Effect on August 1, 2022

The 2022 regular session of the Louisiana Legislature was a busy one, although there were only two new notable employment laws.

Andrew (Drew) P. Burnside New Orleans Author

Nonbinary Pronoun Usage in the Workplace: What Employers Are Doing to Promote Inclusivity

Using the correct pronouns and honorifics in the workplace has become an increasingly important part of maintaining an inclusive workplace. At the same time, the sensitive nature of this trend and the many variations of pronouns and honorifics in use may leave employers confused as to how to accomplish that goal. Moreover, employers may be concerned with how to comply with employees’ requests in an ever-evolving space and with the increasing use of nonbinary pronouns.

Kelly S. Hughes Charlotte Author

Zachary V. Zagger New York Author

Illinois Enacts Law Banning Racial Discrimination Based on Hairstyle or Hair Texture

On July 1, 2022, Illinois Governor J.B. Pritzker signed into law Senate Bill (SB) 3616, also known as the CROWN Act. The CROWN (“Create a Respectful and Open Workplace for Natural Hair”) Act (Public Act 102-1102) amends the Illinois Human Rights Act (IHRA) to expand the definition of “race” for the purposes of combatting unlawful discrimination in Illinois.

Jennifer L. Colvin Chicago Author

Ebony C. Smith Chicago Author

Employee Activism, Safety, and Support Amid Difficult Issues

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations both in and outside the workplace, whether through conversations, social media, or participation in marches, protests, and similar events.

Suzanne L. Martin Las Vegas Author

Zachary V. Zagger New York Author

Louisiana Joins Growing List of States Prohibiting Hairstyle Discrimination

On June 21, 2022, Louisiana Governor John Bel Edwards signed into law legislation prohibiting employment discrimination on the basis of hairstyles or textures historically associated with race.

Andrew (Drew) P. Burnside New Orleans Author

Ellen C. Rains New Orleans Author

Sara Grace Sirera New Orleans Author

Recognizing Juneteenth and Strengthening Commitment to Diversity

June 2022 marks one year since President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, designating Juneteenth as the 11th federally recognized public holiday in the United States.

Danielle Ochs San Francisco Author

Brandon M. Shelton Charlotte
Indianapolis Author

Zachary V. Zagger New York Author

California Courts Strike Down Laws Requiring More Women and Diversity on Boards

The California courts have cast doubt on the legality of laws mandating the number of women and individuals from “underrepresented communities” on the boards of directors of publicly traded corporations based in California.

Betsy Johnson Los Angeles Author

Zachary V. Zagger New York Author

U.S. Virgin Islands Enacts CROWN Act to Ban Discrimination on the Basis of Hair Texture and Protected Hairstyles

On April 11, 2022, U.S. Virgin Islands Governor Albert Bryan Jr. signed into law Act No. 8553, “The Creating a Respectful and Open World for Natural Hair Act of 2022” or “The Virgin Islands Crown Act of 2022,” which prohibits discrimination based on hair texture or hairstyle.

Simone R.D. Francis St. Thomas
New York Author

Minnesota Legislative Update: Employment-Related Bills to Watch

The Minnesota Legislature, currently in regular session until mid- to late May 2022, has drafted various bills that may impact Minnesota employers and employees. Notably, some of the major bills under consideration (or already enacted) include a hair antidiscrimination bill, a measure extending the COVID-19 presumption of workers’ compensation eligibility for certain healthcare workers, and a proposal to restrict noncompete agreements.

Brent D. Kettelkamp Minneapolis Author

Colin H. Hargreaves Minneapolis Author

Oregon Employment Law Changes in 2022: New Year, New Laws

Changes to Oregon employment laws taking effect next year will be keeping human resources professionals very busy this holiday season and into the new year in the Pacific Northwest.

Juneteenth Is a Federal Holiday: Diversity, Equity, and Inclusion Tips for Proactive Employers

In the wake of an increased focus on racial justice in the summer of 2020, many employers began to recognize and observe Juneteenth as a way to demonstrate their commitment to diversity, equity, and inclusion (DEI) initiatives. On June 17, 2021—25 years after the first bill to recognize Juneteenth was introduced—President Biden signed the Juneteenth National Independence Day Act, designating Juneteenth as the 11th federally recognized public holiday.

Christine Bestor Townsend Milwaukee
Chicago Author

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