Labor Days

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

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s “reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is…

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling…

EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24,…

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion ("DEI") initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173…

Trump Targets a Major Legal Theory of Discrimination

We all know what “intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect ? The U.S. Supreme Court invented a then-novel, and still somewhat…