Labor & Employment Developments Blog

On March 19, 2025, the Equal Employment Opportunity Commission and Department of Justice issued guidance addressing unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace. Although DEI is not defined in Title VII of the Civil Rights Act of 1964, it has recently come under significant scrutiny. This guidance was released two days after the EEOC sent correspondence to certain large law firms requesting information regarding DEI-related employment practices.

On January 22, 2025, Ohio Senators Louis W. Blessing (R-Colerain Township) and William P. DeMora (D-Columbus) introduced Senate Bill 11 (“SB 11”), which aims to prohibit certain post-employment agreements in the state of Ohio. If passed, this bipartisan bill would place Ohio among the minority of states with such legislation. As state lawmakers consider this departure from Ohio’s current stance of enforceability of these agreements, there are four key provisions employers should be aware of:

On March 10, 2025, Justice Clarence Thomas issued a dissent following the Supreme Court’s denial of certiorari for Ronald Hittle v. City of Stockton, California, 604 U.S.  ___ (2025), a religious discrimination case involving a fire chief terminated after attending a leadership conference at a church. In his dissent, Thomas, joined by Justice Neil Gorsuch, questioned whether it is time for the Court to revisit the longstanding McDonnell Douglas framework used in employment discrimination cases. 

Last week, President Trump’s nominee for Secretary of Labor, former Oregon Congresswoman Lori Chávez-DeRemer, appeared before the Senate Committee on Health, Education, Labor, and Pensions for her confirmation hearing. Her nomination was something of a surprise as Chávez-DeRemer, the daughter of a lifelong Teamster, was known for taking more union-leaning stances during her short stint in Congress. For example, as a member of the House, Chávez-DeRemer was one of three Republicans to support the Protecting the Right to Organize (PRO) Act. The PRO Act sought to expand labor protections and weaken “right-to-work” laws, which allow employees to opt-out of participation in or paying dues to unions that represent workers at their place of employment.