On July 23, 2025, President Donald Trump issued Executive Order 14319, which has the stated purpose of preventing the federal government from procuring A.I. “models that sacrifice truthfulness and accuracy to ideological agendas.” The order specifically targets models that incorporate
Law and the Workplace
The "Law and the Workplace" blog, published by Proskauer Rose LLP, focuses on legal issues related to employment and labor law. It covers topics such as wage and hour regulations, anti-retaliation provisions under laws like the Fair Labor Standards Act, national origin discrimination and EEOC enforcement, pay equity and transparency laws, labor-management relations, employment litigation, and regulatory compliance. The blog also addresses developments in employment agency leadership and enforcement priorities, as well as legislative changes affecting workplace policies. It serves as a resource for understanding legal challenges and compliance requirements in the workplace context.
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Four Things You May Not Know About …. The Genetic Information Nondiscrimination Act
Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination. However, federal law provides protections for employees based on their genetic information and that of their family members.
In this third of…
Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment
On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur.…
Attorney General Pam Bondi Issues DEI Guidance to Recipients of Federal Funds
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memorandum”), responding to the federal government’s recent practice, as Attorney General Bondi puts it, of “turn[ing]…
[Podcast] AI Bias Audits
In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s…
Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use
If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize. A survey of 1,342 full-time manager-level employees commissioned by ResumeBuilder.com revealed some eye-popping…
Rhode Island Adds New Protections for Menopause and Mandatory Wage Payment Notice to New Hires
With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions. In addition, the state is also imposing new…
New York State COVID-19 Sick Time Requirement to Sunset on July 31, 2025
New York State employers are reminded that, beginning July 31, 2025, they will no longer be required to provide COVID-specific sick time to employees.
Since March 2020, New York employers have been required to provide sick time—above and beyond…
U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VII
On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs…
Amended NYC Earned Safe and Sick Time Act Rules Issued to Address Paid Prenatal Leave
To align with the new statewide paid prenatal leave law, the NYC Department of Consumer and Worker Protection has amended its rules related to the NYC Earned Safe and Sick Time Act (“ESSTA”) to address the paid prenatal leave requirement.…