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Tuesday, September 1, 2026

Federal Employment Law Under the Trump Administration: A Significant Shift in Enforcement Priorities - Law.com

Although the main federal employment statutes that address discrimination—Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act), and the Americans with Disabilities Act—remain unchanged, the second Trump administration has ushered in significant changes in how those laws are interpreted and enforced.

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Section 409A of the Internal Revenue Code fills much of the gap ERISA leaves open on NQDC plans, imposing detailed rules on the structure, documentation and payment of deferred compensation.

Recent court rulings address such claims under Title VII of the Civil Rights Act (Title VII) and the Americans with Disabilities Act (ADA), and they offer important guidance on where courts are drawing the line between vaccination requirements and “preexisting constitutional, statutory, and regulatory regimes that generally govern societal affairs.”

Two years later, we assess the proofs needed to satisfy the Muldrow standard in the U.S. Court of Appeals for the Third Circuit. We focus on proofs, rather than allegations, because nearly all of the decisions citing Muldrow arose in the summary judgment context, although one decision (Registre) addressed a motion to dismiss, and another (Bonsall) addressed a...



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