Employment

If your company is required to submit a federal EEO-1 report, you have until June 24, 2025 at 11:00 p.m. ET to file it online. The EEOC has already indicated there will be no grace period. 

Can members of a majority group be subject to a heightened pleading standard for their Title VII discrimination claims?  The United States Supreme Court answered this question with a unanimous “no” in Ames v. Ohio Department of Youth Services. The Court’s decision resolves a Circuit split and disposes of the “background circumstances” standard long applied by certain courts, which required majority group member plaintiffs to make an extra showing, as part of their prima facie or initial case of discrimination, that their employer is the “unusual employer who discriminates against the majority.” While disparate treatment discrimination claims are still generally analyzed under the traditional three-step burden shifting framework set forth in McDonnell-Douglas v. Green, employers should be aware that the Ames decision may result in an uptick of so-called “reverse discrimination” cases. 

In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the Employment Standards Act, 2000 (the “ESA”). The decision, in Bertsch v Datastealth Inc. (2025 ONCA 379), may mark a turning point in a legal landscape where such provisions are often struck down for ambiguity or statutory non-compliance.  

Member Jen Rubin discusses with colleague and Member Andrew Bernstein when the best time is to hire an employment lawyer. This episode is part of a series of conversations designed to help employers navigate workplace changes and understand general legal considerations.

The Province of Ontario recently introduced a guide (“Guide”) to help employers navigate recent and upcoming changes to the Employment Standards Act, 2000 (the “ESA”). We have highlighted some of the key upcoming changes below along with other employment considerations, including mandatory disclosures to new employees, information in public job postings, and new types of statutory leave.

New York State has resolved a recent judicial split regarding pay frequency violation remedies by amending the New York Labor Law (“NYLL”) to limit an employee’s ability to recover sizeable liquidated damages. New York employers will welcome the newfound certainty (and capped damages) provided by this legislative development.

Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is shifting.

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025.  The EO focuses on “disparate impact” discrimination and is the latest in a string of orders impacting the workplace – the effects of which American workplaces are still digesting.

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation with Associate Tara Dunn Jackson on successful veteran transitions to the private sector. This episode is part of a series of conversations designed to help employers navigate workplace changes and understand general legal considerations.

In the latest episode of the Mintz on Air: Practical Policies podcast, Member and Host Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight and what employers should keep in mind.

Member Jen Rubin hosts a conversation with Andrew Matzkin on the role of AI and human resources decision making in the workplace. 

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion (“DEI”) programs in both the public and private sectors.  With the prospect of “civil compliance investigations” and other actions, the Order is a warning to private employers that have allegedly “adopted and actively use[d] dangerous, demeaning, and immoral race-and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA) that can violate the civil-rights laws of this Nation.” Many private employers have struggled with how to respond to the Order, particularly given the Order’s vagueness and contradictory state and local laws.  One of the questions that has emerged is how the Order impacts employers’ commercial free speech rights given the U.S. Supreme Court’s view that such rights are critical to the “uninhibited marketplace of ideas[.]” 

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released joint “technical assistance documents” (i.e., non-binding interpretive guidelines for enforcement agents) which identify specific diversity, equity, and inclusion (“DEI”) practices that those agencies may consider “illegal” and “discriminatory.” 

As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”)  recently rescinded, via Memorandum GC 25-05, more than 30 Biden Administration memoranda.  Chief among the rescinded memoranda is the NLRB’s 2023 guidance regarding non-disparagement and confidentiality provisions included within non-managerial employees’ severance agreements, which followed the NLRB’s February 21, 2023 decision in McLaren Macomb. 

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin is joined by Associate Evan Piercey to discuss the divide between state and federal DEI initiatives.

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but these may not mitigate the potentially material adverse effects on the Canadian economy. Canadian employers may be faced with difficult decisions respecting personnel, including changing employment terms and conditions, temporary layoffs, and reductions in force. Here are some important legal concepts for employers to keep in mind when navigating these challenges.

Rapid changes across the federal government are creating tremendous ambiguity for the private sector, particularly around employment and immigration issues. 

President Trump’s executive orders aimed at Diversity, Equity and Inclusion (DEI) programs and policies, including the executive order titled “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (Executive Order 14173), are impacting the way publicly traded companies approach their DEI-related disclosures.  Although enforcement of the executive orders was recently temporarily halted (as we wrote about here), as calendar year end public companies begin to file their Form 10-K Annual Reports for the fiscal year ended December 31, 2024, we have seen, and expect to continue to see, a shift in new DEI disclosures as compared to prior years.  Companies are paying consideration to whether they want to include such disclosures, how comprehensive such disclosures should be, and what language should be employed to strike an appropriate balance.  

This webinar provides strategies to in-house counsel to not only stay informed of the shifting landscape but to also effectively prioritize their resources to address these challenges.

Member Jen Rubin is joined by Member Paul Huston in a conversation on performance evaluations, covering their importance, best practices, and legal significance.