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Monday, January 19, 2026

New York’s employers are caught in the middle: Contending with diverging federal and state employment law agendas - Herbert Smith Freehills Kramer

As we anticipated at the beginning of last year, the Trump administration ushered in substantial changes to many aspects of the federal government’s administrative agenda, which had far-reaching impacts on employers. Even with this prediction, employers may have been surprised by how focused the Trump administration has been on employment practices and the various ways it has pressed federal agencies and private employers to adopt its interpretation of employment laws. At the same time, states and localities like New York State and New York City are responding with legislation that pushes a very different agenda and interpretation of applicable law, thereby leaving employers caught in the middle. In this alert, we recap some of the notable federal employment law developments from last year and the legislative responses by New York State and New York City.

Diversity, equity and inclusion today

Over the course of 2025, President Trump issued several executive orders (EOs) proclaiming his administration’s view that diversity, equity and inclusion (DEI) should have little or no place in the federal government or the private sector. On the day of his second inauguration on Jan. 20, 2025, Trump issued EO 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”), directing the elimination of DEI programming in the federal government. The next day, Trump issued EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), proclaiming that...



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