The Department of Labor (DOL) has issued a final rule rescinding portions of its Title VI regulations that addressed disparate impact liability for recipients of federal financial assistance. The rule took effect July 2, 2026. Title VI of the Civil Rights Act of 1964...
NLRB Advice Memo Concludes Noncompete Agreements Do Not Violate the National Labor Relations Act
Under the National Labor Relations Act (“the Act”), specifically Section 8(a)(1), it is considered an unfair labor practice (“ULP”) for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act....
Supreme Court Overrules Humphrey’s Executor, Expanding Presidential Removal Power
On June 29, 2026, the Supreme Court of the United States issued a landmark decision overruling a 90-year-old Supreme Court precedent and significantly expanding presidential power to remove members of independent agencies. In Trump v. Slaughter, No. 25-332, the...
Interagency Guidance on Lending to Unauthorized Workers Raises New Fair Lending Compliance Concerns
Key Takeaways New OCC, FDIC and NCUA guidance states that lending to individuals not authorized to work in the United States may present elevated credit risk and should be addressed through prudent underwriting. The guidance follows recent Trump administration actions...
Texas Business Court Draws a Line: Employment Discrimination Claims Stay in District Court
On May 29, 2026, the Texas Business Court held in Brown v. Exxon Mobil Corporation, 2026 Tex. Bus. 35 (11th Div.), Cause No. 25-BC11B-0099, that an employment race discrimination claim brought under Section 21.051 of the Texas Commission on Human Rights Act (TCHRA)...
Sixth Circuit: Title VII Does Not Protect Workplace Misconduct Merely Because It Accompanies a Harassment Complaint
The Sixth Circuit recently issued an opinion concerning Title VII’s anti-retaliation protections: an employee who engaged in protected conduct but also violations of workplace policy cannot use the protected activity to excuse her unrelated workplace misconduct....
California Court of Appeal Holds Sexual Orientation Harassment Triggers the EFAA
The California Court of Appeal has held for the first time that harassment based on sexual orientation constitutes sexual harassment under California’s Fair Employment and Housing Act (FEHA), thereby triggering the Ending Forced Arbitration of Sexual Assault and...
AI in the Empire State, Two Bills Could Create New Compliance Obligations
New York organizations using artificial intelligence should keep a close eye on two pending state bills that could create new notice and reporting obligations. Both bills have passed the Senate and Assembly, but as of June 25, 2026, neither appears to have been signed...
Secondhand harassment supports hostile work environment claim, 5th Circuit holds
The plaintiff also showed that the employer’s investigation into her claims was “insufficiently prompt and thorough,” according to the decision.
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