03.28.2025“Unlawful DEI” Explained (Or Not) By New EEOC GuidanceOn January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal private-sector DEI [Diversity, Equity, and Inclusion] mandates, programs, and activities.” The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws which make discrimination and harassment based on race, religion, national origin, age, disability, and sex unlawful, which are referred to as protected categories. In furtherance of the Executive Order, on March 19, 2024, the EEOC issued guidance to explain and identify unlawful DEI.
03.11.2025National Labor Relations Board Back to Quorum Strength as Member Wilcox Is ReinstatedIn an emphatic decision, Federal Court Judge Beryl Howell of the District of Columbia District ordered President Trump to reinstate NLRB Member Gwynne A. Wilcox to her Board seat. The President fired Wilcox, asserting unitary power over employees in the executive branch. Rejecting this broad construction of executive authority, Judge Howell concluded that Congress meant for some federal employees to be beyond the President’s reach except in limited circumstances.
02.10.2025Key Take-Aways On The Executive Order Removing Barriers to AI DevelopmentOn January 23, 2025, the President issued an Executive Order on “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to position the Country as a global leader in AI innovation. The Executive Order also instructs that AI systems must be “free from ideological bias or engineered social agendas.”
01.27.2025Federal Contractors Get Relief from PLA and DEI Requirements This past week, employers received two reprieves from mandatory conditions before winning federal contracts. On January 21, 2025, Federal Claims Court Judge Ryan T. Holte ruled that President Biden’s 2022 Executive Order that federal agencies choose only bidders that agree to enter into project labor agreements (PLAs) with unions for any federal construction contract over $35 million is unlawful. Judge Holt sided with the plaintiff Contractors in ruling that the Executive Order improperly drives up prices and contravenes other laws requiring full and open competition in contract procurement. In sum, he tossed the Order as being arbitrary and capricious.
10.30.20242024 Election: How Labor Law Could Shift Under Trump or Harris LeadershipThe Presidential Election is upon us with many indicators predicting a close election. The two candidates and their respective party platforms offer opposing views on many major issues. While some issues play more prominently in the press than others, issues related to Labor Law feature two vastly divergent approaches. Since President Trump already has a track record on federal labor policy and Vice President Harris signals support for President Biden’s labor policy, here are three areas in Labor Law that will be sensitive to who takes the oath of office on January 20, 2025.
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