First, she’s out. Then, she’s back in. Then out again. Then reinstated. This isn’t just a legal battle—it’s giving daytime drama. TL;DR: Gwynne Wilcox is back on the NLRB after a D.C. Circuit ruling found her removal likely unlawful. The decision relies on a 1935 Supreme Court precedent that limits…
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Questions about what employers can and cannot do are swirling, especially in light of recent agency guidance and…
If you’re feeling confused or cautious about your company’s diversity, equity, and inclusion (DEI) programs, you’re not alone — and a group of former EEOC officials says that may be by design. On April 3, 2025, these former agency leaders issued a public statement responding to the EEOC Acting Chair’s…
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove…
Last week, a federal court put the brakes on two executive orders aimed at ending federal support for Diversity, Equity, and Inclusion (DEI) programs. Citing First Amendment concerns, the court issued a temporary injunction against the U.S. Department of Labor’s enforcement of key provisions affecting DEI-related speech and activity. Here’s…
Friends, colleagues, HR professionals, risk managers, compliance nerds, and the occasional law student who wandered here by mistake, I never thought this day would come.After over a decade of blogging about workplace shenanigans, EEOC misadventures, court decisions involving hugging managers and rogue FMLA requests scribbled on napkins — I’ve decided…
The D.C. Circuit Court of Appeals just put a stop—at least for now—to a judge’s order that would have reinstated Gwynne Wilcox to the National Labor Relations Board (NLRB). President Trump removed Wilcox before her term ended, citing concerns with her decisions favoring unions. A lower court said the firing…
A recent federal court decision out of Michigan is a timely reminder that diversity, equity, and inclusion (DEI) goals—while lawful and laudable—can still generate legal risk if they appear to incentivize decisions based on race or gender. The court refused to dismiss a former employee’s reverse discrimination claims, finding that…
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis…
A recent Second Circuit decision underscores a critical point under the Americans with Disabilities Act (ADA) that employers often overlook: an employee who can perform the essential functions of their job without an accommodation may still have a viable failure-to-accommodate claim. The case involved a teacher with PTSD who sued…