On January 22, 2026, the Equal Employment Opportunity Commission (“EEOC”) held an open public meeting pursuant to the Sunshine Act to discuss and vote on the rescission of the 2024 Enforcement Guidance on Harassment in the Workplace adopted by the EEOC during the Biden Administration (EEOC-CVG-2024-1; issued 04-29-2024) (“2024 Guidance”). Under this 2024 Guidance, sexual orientation and gender identity were specifically addressed following the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. 644 (2020). It contains examples of prohibited conduct such as repeated and intentional use of a name or pronoun an individual no longer used as well as the denial of access to a bathroom consistent with an individual’s gender identity.

Eva Perón’s farewell song from “Evita” comes to mind as the Office of Federal Contract Compliance Programs (OFCCP or Agency) loses its authority and prepares to take its final bow. Aligning with the Administration’s efforts to dissolve the agency, OFCCP has continued to send notices to federal contractors.

Employer’s Separation Notice Obligations

A frontline service worker at a Cinnabon was recently terminated after a video circulated showing her hurling a racist epithet at a Somali couple. The footage spread quickly with millions of views on TikTok. The employer acted swiftly. And, in a development emblematic of the current digital moment, the terminated employee has since raised more than $327,000 in online donations as part of “A Public Awareness Initiative.”

Massachusetts State House Dome

Beginning on October 29, 2025, covered employers in Massachusetts are required to disclose the minimum and maximum amount of compensation that an employer reasonably and in good faith expects to pay for a particular and specific position. Disclosure is required in external job postings, to employees who request such information, and to internal job candidates.

Minnesota State Capitol Building – An Iconic Neoclassical Government Landmark in Saint Paul, Minnesota

In 2023, Minnesota enacted the “Employer-Sponsored Meetings of Communications Act” (the “Act”), Minn. Stat. § 181.531. The Act prohibits employers from taking adverse employment action against any employee who refuses to participate in meetings where the employer discusses its opinion on political and religious matters.

Earlier this month, our team published an in-depth article for federal contractors on navigating WARN Act compliance amid government shutdowns and federal contract cancellations. Since then, we’ve been closely monitoring the broader wave of workforce reductions affecting not only government contractors but employers across industries and company sizes.

The recent assassination of conservative activist Charlie Kirk has ignited a national conversation—not just about politics, but about the boundaries of employee speech and employer response in the workplace. In the days following Kirk’s death, a wave of firings and suspensions have swept across industries, with employers acting swiftly to distance themselves from employees whose public statements about the tragedy were seen by some as insensitive, inflammatory, or reputationally damaging, regardless of the political viewpoint expressed. In assessing whether to discipline or terminate an employee for statements made publicly on personal social media, employers must consider constitutional rights, the National Labor Relations Act (NLRA), anti-discrimination laws, off-duty conduct laws, and social media privacy laws.

Minnesota State Capitol Building – An Iconic Neoclassical Government Landmark in Saint Paul, Minnesota

Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers from unionizing. These meetings continue to receive significant attention at the state and federal level. There are now 12 states, including Minnesota, which have enacted laws designed to ban or restrict captive audience meetings: Alaska, Connecticut, Hawaii, Illinois, Maine, New Jersey, New York, Oregon, Vermont, Washington, and, most recently, California.

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach could bring his race discrimination claims against the NFL and several NFL teams in court although he had signed an arbitration agreement.