World Health Organization Declares COVID-19 to be a Pandemic
Client Alert | 1 min read | 03.11.20
The World Health Organization has announced its determination that COVID-19 is a pandemic. At a press briefing on Wednesday, March 11, 2020, Dr. Tedros Adhanom Ghebreyesus, director-general of the WHO announced that this is the first time the WHO has declared a pandemic as a result of a coronavirus outbreak. The announcement does not change the WHO’s assessment of the threat posed by COVID-19, nor does it require new WHO public health recommendations.
The WHO announcement means that U.S. employers now have additional flexibility to take measures to mitigate the spread of the virus. Guidance issued in 2009 by the Equal Employment Opportunity Commission (EEOC) in response to the ‘swine flu’ outbreak authorizes employers to be more aggressive in responding to a pandemic, notwithstanding the obligations of the Americans with Disabilities Act. The EEOC guidance suggests that employers may be able to conduct certain types of testing and make more direct inquiries to their employees, as part of a containment plan.
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Client Alert | 3 min read | 06.12.26
DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
