In a Dec. 22, 2025 opinion in the caseSilva v. Schmidt Baking Distribution, LLC, 162 F.4th 354 (2d Cir. 2025), the Second Circuit Court of Appeals joined the
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The decision, from the Appellate Division, First Department, affirms a lower court ruling in which the judge, Manhattan Supreme Court Justice Arlene Bluth, found the court system violated the Taylor Law by not engaging in collective bargaining negotiations regarding the COVID-era employee requirements.
The EEOC is now fully operational, ready to enforce laws limiting certain DEI practices it views as potentially unlawful. The DOJ also warns against race-based or proxy-based policies. Together, they will increase rulemaking and enforcement, so employers should review policies to ensure compliance with federal laws and avoid discriminatory practices.
Recent changes limit employment discrimination claims, especially for disparate impact, with the Supreme Court possibly...
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