Four recent decisions by federal courts show just how much weight an employer’s investigation can hold in litigation, for better or worse. Investigation quality does not operate on a simple…
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States Have Weight: Be Sure to Consider Local Rules on Noncompetes
Unless and until there is binding federal law governing noncompetes in all 50 states, noncompete agreements will continue to be governed by state law. In recent years, state legislatures have…
Dust in the Wind: After 48 Years, the Federal Government’s Hiring Bias Framework Is Gone (for Now)
The year was 1978. Disco was king. Bell-bottoms were all the rage. The first non-Italian pope in 450 years was elected. There was political unrest in Iran…
The 4th Circuit Court of Appeals recently held that an employee could establish a failure to accommodate claim under the Americans with Disabilities Act, where the employee requested to be…
Another Rescission Mission – Proposed Rescission of EEO Reporting
The Equal Employment Opportunity Commission (EEOC) is positioned for another rescission mission. Recall that recently, the EEOC rescinded the 2024 Enforcement Guidance on Harassment in the Workplace and two affirmative…
As of August 1, 2026, 16 states plus Washington, D.C. will have statewide pay transparency laws in effect that require employers to disclose what a job pays, including California, Colorado…
What Does the Box Say? 6th Circuit Looks to the Boundaries of the EEOC Charge in Barnett-Morgan v. Inverness
Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at…
Red Carded: 40-Year-Old EEOC Affirmative Action Guidance Removed from the Game
On June 29, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind two policy documents laying out steps employers can take to increase representation of historically marginalized groups in…
Tennessee’s New Noncompete Law Is Now in Effect: Employers Should Review Their Restrictive Covenant Agreements Immediately
As of July 1, 2026, Tennessee employers face a significantly different legal landscape for noncompete agreements.
On May 7, 2026, Gov. Bill Lee signed legislation that materially reforms Tennessee’s approach…





