Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws.

A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter.

This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon? 

Dramatic policy shifts crafted by the Trump Administration’s immigration policies are shaking up both immigration and employment law. Recently, Guizar says, we’ve seen immigration raids at workplaces, along with mass deportations. In some cases, the U.S. government has even removed legal status from workers who previously had permission to work. Even workers on skilled labor visas are impacted. 

Based in the United Kingdom, Longdon sees some similarities in policy shifts both there and in the U.S. as politics plays a role in immigration and labor issues. She explains international guidelines for hiring workers across borders to fill specific needs. 

One thing is clear, workers, employers, and employment lawyers are left to untangle swirling regulations and enforcement policies. Now throw in individual state laws and union representation issues. It’s a new world. 

Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law. 

When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity. 

Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing. 

Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others.

This is the 19th annual signature conference for the Section. It’s a great chance for members to earn a year’s worth of CLE credit at one location and a great place to network (plus, Denver is a fantastic city). 

Brush up and hear the latest developments in your own niche area of specialization or get a feel for areas where you might not regularly work. There’s been a seismic shift in federal employment oversight this year making it an interesting time to work in labor and employment law. 

Plus, hear how artificial intelligence, AI, is working its way through the legal community. Where does it make your life easier, and where does it create ethical issues? 

Resources:

ABA Labor and Employment Law Section Annual Conference Nov. 12-15

ABA Labor and Employment Law Section

History Colorado Center

History Colorado Sand Creek Massacre

History Colorado “The 90s: Last Decade Before the Future”

Denver Art Museum

Meow Wolf

Casa Bonita (you really do need a reservation)

Executive orders, political agendas, and public opinion have challenged advances made under DEI initiatives. These efforts to maintain fairness and build diversity face being dismantled faster than they can be instituted in some cases. 

In this episode, we’ll explore the future of DEI, including the program “buzzwords” that often attract negative attention, as well as the most effective DEI programs that focus on data, evidence, consistency, and fairness.

Hear how DEI programs can be reshaped, implemented, and sustained in a shifting cultural, legal, and political environment. 

Guests Eric Dreiband and Diana Reddy explore the current state of employment and labor law and recent challenges to NLRB oversight and the president’s power over the board. 

The Act and the NLRB sprang from the Great Depression and were incorporated into New Deal policies in an attempt to fix what went wrong. The NLRB and Act have provided protections to workers and unions and sought to level the bargaining process for decades. 

But what was believed to be settled law might not be as “settled” as many thought. Today a flurry of new legal challenges question the constitutionality of some provisions and the extent of a sitting president’s power over leadership at the NLRB along with the role of administrative law judges. Legal professionals who have been counting on the “bedrock” of established labor relations law may find that foundation is shaking again. 

When do employers check work authorization, and how often can they? What do employers need to be looking for? And what industries are most affected? 

While the Trump v. Casa case may not have brought the clarity many in labor and employment law sought, it was simply a procedural move that limits jurisdiction, it’s not the final word. This gets confusing in a hurry as the labor and employment professionals grapple with protective status, refugees, temporary status, and workforce eligibility issues.

Hear insights from accomplished guests Jonathan Grode and Ingrid Nava into where shifting immigration policies may affect labor and employment law and what some of these decisions mean across the country and across labor sectors. In today’s uncertain times, it’s important to understand the limits of what employers can do, even when they are trying to do the right thing, as well as the rights of employees. Confused? You’re not alone.

Toni and Carolyn, representing employer and employee perspectives respectively, offer nuanced insights into how this decision impacts employers, managers, and employees alike. They discuss what the “some harm” standard means in practice, the effect on performance management and employee transfers, and why this ruling could open doors for new types of workplace discrimination claims. From shifts in workplace dynamics to the potential impact on DEI initiatives, this episode explores what business leaders, HR professionals, and employees need to know to navigate these new legal waters.

Eric and Joe share insights on the enforceability of non-competes, what constitutes a “protectable interest,” and how courts are viewing confidentiality agreements as potential de facto non-competes. They also discuss the practical implications for lawyers advising clients in today’s hybrid work environment, where remote work and state law differences create unique challenges. Whether you’re representing employers or employees, this episode provides crucial strategies and legal insights to help you navigate restrictive covenants effectively.

Eric Akira Tate is co-chair of the Global Employment and Labor Group, representing companies in trade secrets cases, internal investigations, employment litigation, and advising on compliance and employment aspects of mergers and acquisitions globally.

Erin and Anne also discuss recent trends, including why leveling the job before hiring is crucial, the impact of salary disclosure laws in states like Colorado and California, and how companies are adapting to increased pressure for fairness from both employees and shareholders. Together, they provide practical insights for navigating these changes, whether you’re an employer or employee. Plus, they touch on the growing influence of AI in hiring and compensation decisions and highlight what’s on the horizon for labor and employment law.

Erin M. Connell is Co-chair of Orrick’s EEO & OFCCP Compliance Group, representing employers in high-stakes employment litigation and leading in equal employment law, pay equity, and compliance.

Anne B. Shaver, a partner specializing in employment and antitrust class actions, represents certified classes of female employees in equal pay and gender discrimination cases against Google and Goldman Sachs, and workers impacted by no-poach agreements in fintech and franchise industries.

Rethink what you know about labor law and workplace fairness as you learn about new policies and groundbreaking case studies. Whether you’re an employer, an employee, or simply curious about the future of work, subscribe now and get ready to navigate the ever-evolving world of employment law with us.