Labor Days

News and analysis from Kelley Drye’s labor and employment practice

New Jersey Supreme Court Rules that Non-Disparagement Clauses Violate #MeToo Law

In recent years, state #MeToo laws have slowly but surely chipped away at the use of confidentiality or non-disclosure clauses in settlement agreements. Employers have attempted to get “creative” and have relied more…

How does the Supreme Court’s Muldrow Decision Affect Title VII Lawsuits?

A U.S. Supreme Court with a conservative majority is still capable of surprising us. In Muldrow v. St. Louis, the Court lightened the burden on employment discrimination plaintiffs by lowering the legal ‘bar’ for an…

Is the 2nd Circuit’s Pfizer Decision Enough to Rescue DEI Initiatives?

We have previously discussed the impact of the Supreme Court’s June 2023 decision in Students for Fair Admissions, Inc. v. President and Fellow of Harvard College (SFFA) on diversity, equity and inclusion in the…

Proposed EEOC Regulations Mandate Employers to Accommodate Pregnant and Postpartum Workers Regardless of Circumstances

Effective June 27, 2023, covered employers must comply with the Pregnant Workers Fairness Act (PWFA) —a new law that requires covered employers to provide “reasonable accommodations” to workers limited by pregnancy,…

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy.…