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Quick Hits The Trump administration has sought to end both federal enforcement of antidiscrimination laws based on disparate impact theories and to eliminate employer DEI programs. Even with these shifting priorities, it remains critically important for employers to collect and study applicant and employee demographic data to maintain compliance with equal opportunity and antidiscrimination laws, as well as to be prepared for scrutiny under the Trump administration’s shifting policies. Employers…

Quick Hits The appellate court confirmed that, under the law as it existed prior to July 2024, a former employee could file PAGA claims even eighteen months after leaving employment, regardless of the one-year PAGA statute of limitations for civil penalties. The decision focused on the definition of “aggrieved employee” under the former version of Labor Code Section 2699, emphasizing that standing depended on whether the claimant suffered a Labor…

Quick Hits The Supreme Court held that students bringing ADA and Rehabilitation Act claims related to their education are not required to make a heightened showing of bad faith or gross misjudgment. Claims under these statutes “based on educational services should be subject to the same standards that apply in other disability discrimination contexts.” Claims are subject to the same standards as in other disability discrimination contexts: injunctive relief does…

Quick Hits The UK’s Employment Appeal Tribunal ruled that employers must actively seek and consider alternative employment for employees facing redundancy, as highlighted in Hendy Group Ltd v Mr D Kennedy. The EAT’s decision underscores that simply providing a job vacancy list may be insufficient to meet employers’ obligations during redundancy processes. Employers should consider taking proactive steps to support employees facing redundancy, beyond just posting job advertisements, to avoid…

Quick Hits Washington State’s HB 1213 expands job protection rights under the state’s paid family and medical leave program. The amended leave program reduces the minimum increment of time off from eight consecutive hours to four consecutive hours. HB 1213 also broadens health insurance coverage requirements, along with a variety of other miscellaneous changes. HB 1213 expands the Washington Paid Family and Medical Leave (WPFML) program, which is a state-administered…

Quick Hits The MDHR conducts audits (including on-site visits) of workforce certificate holders’ efforts to comply with the MHRA and contractors’ compliance plans. The MDHR is likely to conduct audits of workforce certificate holders at least once during each four-year certification period. How Does the MDHR Analyze Workforce Certificate Compliance? In determining a contractor’s workforce certificate compliance, the MDHR may analyze: the contractor’s compliance with Minnesota’s anti-discrimination laws, MN Rules…

Quick Hits The Supreme Court held that “Tennessee’s law prohibiting certain medical treatments for transgender minors is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and satisfies rational basis review.” The Court reasoned that the state law classifies on the basis of age and medical use—both of which are subject to rational basis review—and not on the basis of transgender status. The Court found…