On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum establishing a DOJ Civil Rights Fraud Initiative. The Initiative will use the False Claims Act (“FCA”) to “investigate and . . . pursue claims against any recipient of
Inside Jobs
Employment and Benefits
Inside Jobs is a blog published by Covington & Burling LLP that focuses on employment law and workplace regulatory developments. It covers legislative changes, compliance obligations, and enforcement trends affecting employers and employees, including topics such as employment rights reforms, anti-discrimination laws, pay transparency, equal pay, and the impact of emerging technologies like AI on employment practices. The blog also addresses government guidance and agency priorities related to workplace discrimination, labor standards, and workforce management. It serves as a resource for understanding legal and policy shifts in employment law, particularly in the United States and California.
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A Closer Look: Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)
On April 17, 2025, the Supreme Court issued its opinion in Cunningham v. Cornell University, No. 23-1007, 604 U.S. ___ (2025), a case addressing the pleading standard for prohibited-transaction claims under § 406(a) of the Employee Retirement Income Security…
The Executive Order 11246 Grace Period Ends Today (April 21)
On January 21, 2025, President Trump issued Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO 14173”), which, among other things, revoked Executive Order 11246 (“EO 11246”), a 60-year-old Civil Rights-era directive that prohibited federal contractors…
Former EEOC Officials Respond to EEOC Technical Assistance Document “What You Should Know About DEI-Related Discrimination at Work”
On April 3, 2025, 10 former Equal Employment Opportunity Commission (“EEOC”) officials, including former commissioners, general counsel, and Chairs Charlotte A. Burrows and Jenny R. Yang, issued a public letter responding to the recent EEOC technical assistance document, “…
German Federal Labor Court Rules on Phantom Shares; What Employers Need to Know
The German Federal Labor Court (Bundesarbeitsgericht – BAG) has issued two new decisions impacting virtual stock option plans (VSOPs). In a March 19, 2025 decision (BAG, March 19, 2025 – 10 AZR 67/24), BAG ruled that virtual stock…
European Companies Wrestle with U.S. Government’s Anti-DEI Push
On March 29, United States embassies across Europe began sending letters and an accompanying “Certification regarding compliance with applicable federal anti-discrimination law” to companies in Belgium, Bulgaria, Denmark, France, Italy, Luxembourg, and Spain. This certification purports to apply Executive Order…
EEOC Technical Assistance: “What You Should Know About DEI-Related Discrimination at Work”
On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) released two “technical assistance” documents titled, “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at…
Federal Appeals Court Reinstates Provisions of DEI Executive Orders
As explained in a prior blog post, on January 21, 2025, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) (the “EO”), establishing new requirements for federal contractors and grant recipients to agree that their…
President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order Targets Federal Contractors and the Private Sector
On January 21, 2025, President Trump issued the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (the “EO”), which revokes Executive Order 11246, a 60-year-old Civil Rights-era directive that prohibited federal contractors from discriminating on the basis of race,…
New Pay Transparency Laws Effective in 2025
Five states have joined the growing number of states with pay transparency laws requiring employers to include compensation information in job postings. An Illinois law and a Minnesota law took effect on January 1, 2025, and New Jersey, Vermont, and…