Monthly Archives: March 2025

March 21, 2025

DEI and Discrimination: What Employers Should Know

Brit Merrill

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy, or practice may be unlawful under Title VII.

The guidance includes a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work” and an EEOC-issued question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work.” Technical assistance documents do not carry the force of law and are not legally binding, but do provide insight and guidance on agency policy.

Mickell Jimenez

Key Takeaways

1. DEI programs cannot segregate or exclude employees based on a protected characteristic.

Prohibited conduct may include

“Limiting membership in workplace groups, such as Employee Resource Groups (ERG) or other employee affinity groups, to certain protected groups”; and
“Separating employees into groups based on race, sex, or another protected characteristic when administering DEI or other trainings, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources[.]”

Note the guidance that “other privileges of employment” cannot segregate or exclude employees based on a protected characteristic. As detailed below, the guidance specifies that this applies to exclusion from training, mentorship programs, and fellowships. Read more >>

March 21, 2025

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave

by Brad Cave

Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law. While the new law leaves Wyoming businesses with a few options to continue to use those covenants, employers need to move quickly in advance of the new law’s effective date.

New Covenants Not to Compete Are Void, With Some Exceptions. The new law, known in the Legislature as Senate File 107, prohibits contractual restrictions on a person’s ability to work: “Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void.” This language is broad enough to invalidate all such covenants, whether contained in an employment contract, an independent contractor agreement, or some other contract. Read more >>

March 13, 2025

The Role of Immigration in Solving Healthcare Workforce Changes

By Samantha Wolfe

The United States faces a critical shortage of healthcare professionals, particularly in rural areas. Hospitals, nursing homes, and clinics struggle to find qualified workers, leading to increased patient wait times and limited access to essential care. One effective strategy to address this workforce gap is hiring foreign healthcare professionals through various immigration pathways. Below, we explore key visa options and strategies for recruiting and retaining international healthcare workers, including nurses, physicians, and allied health professionals.

Immigrant and Nonimmigrant Visa Options for Healthcare Workers

Healthcare employers seeking to recruit foreign professionals have two main visa pathways: nonimmigrant (temporary work visas) and immigrant (permanent residence/green cards) options. Nonimmigrant visas allow healthcare workers to fill temporary positions, often tied to employer sponsorship, with defined time limits and renewal options. In contrast, immigrant visas provide a path to permanent residency, enabling foreign healthcare professionals to establish long-term careers in the U.S. Understanding these visa options allows employers to navigate the immigration process strategically, addressing both immediate staffing shortages and long-term workforce stability. Read more >>

March 3, 2025

Federal Court Blocks Trump’s DEI Restrictions—What It Means for Employers

Adam Bouka

by Adam Bouka

A federal court in Maryland recently issued a nationwide injunction blocking key parts of President Donald Trump’s executive orders (EOs) that sought to limit diversity, equity, and inclusion (DEI) programs in workplaces across the country.

The ruling temporarily halts enforcement of key provisions affecting DEI initiatives, particularly for federal contractors, grant recipients, and private companies that faced uncertainty, compliance risks, and potential penalties. The court found that the provisions were vague, potentially unconstitutional, and could unlawfully restrict free speech, allowing businesses to continue their DEI efforts without immediate government intervention.

What Was Blocked?

The court’s decision prevents the government from:

Stopping or canceling federal contracts or grants related to DEI.
Forcing federal contractors or grant recipients to declare that they do not have DEI programs.
Investigating or penalizing private employers for having DEI programs or engaging in diversity-related discussions.

For now, both federal contractors and private employers can continue their DEI programs without fear of federal enforcement actions. Read more >>