As a reminder, the Age Discrimination and Employment Act (ADEA) prohibits employers from retaliating against applicants or employees who oppose age discrimination, file a charge of discrimination under the statute, or testify, assist, or participate an investigation or proceeding under the ADEA.
On March 6, 2026, the U.S. District Court for the District of Colorado
According to a February 27, 2026, 2-1 decision by the U.S. Equal Employment Opportunity Commission (EEOC) in Selina S. v. Dep’t of the Army, the EEOC determined that it does not constitute sex discrimination for federal agencies to prohibit transgender employees from using bathrooms, locker rooms, and other intimate spaces that correspond with their
On January 16, 2026, a federal jury in Atlanta awarded $5.5 million to a security guard who alleged that her security company’s vice president of operations sexually harassed her.
The plaintiff, Makita Bryant, sued both the security company and the vice president in his individual capacity. For her claims against the security company, Bryant was
Update: The EEOC voted 2-1 along party lines to rescind the 2024 Enforcement Guidance on Harassment in the Workplace in its entirety. The EEOC’s objections to the guidance primarily related to the sections of the guidance regarding harassment based on sexual orientation and gender identity, including with respect to preferred pronouns and bathroom access. However
While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon. One area of interest for the EEOC is its Enforcement Guidance on Harassment in the Workplace issued in 2024. We blogged about that 2024
Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias. These materials signal that the agencies consider any national origin preference — including any actions favoring nonimmigrant visa holders — to be discrimination. Additionally, they make clear that multiple agencies view anti-American actions as an
In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?” As we forecasted last week, much like the Dickensian apparition, so, too, does our blog return to the
Like almost every federal agency, things have certainly changed at the Equal Employment Opportunity Commission (EEOC) in the last 10 months. One of those significant changes has been the departure from investigation of claims asserting the “disparate impact” theory. A plaintiff in a disparate impact case, generally speaking, must show that a seemingly neutral policy
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment.
The Equal Employment Opportunity Commission and the