On March 18, 2025, the Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents to help inform what each agency views as “unlawful” discrimination related to diversity, equity, and inclusion (DEI) programs in the workplace. These documents offer critical insights into how the EEOC and DOJ will interpret and enforce laws related to DEI programming, highlighting the need for employers to ensure compliance.
Reproductive Health Under Trump: What’s New and What’s Next
Over the past two months, the second Trump administration has shifted federal policies and priorities regarding abortion, in vitro fertilization (IVF), contraception, and other reproductive-health-related matters – and it is expected to continue to do so.
Meanwhile, new regulatory developments in this area at the state level are also ongoing. Many states now require that insurance plans provide some combination of fertility benefits, fertility preservation, and coverage for a number of IVF cycles. After July 1, 2025, all large employers in California must provide insurance coverage for fertility treatments, including coverage for unlimited embryo transfers and up to three retrievals.
Breaking Down the New No Surprises Act FAQs Post-TMA III
On January 14, 2025, the US Departments of Labor, Health and Human Services, and the Treasury, along with the Office of Personnel Management, released Part 69 of a series of FAQs aimed at helping stakeholders understand and comply with the federal No Surprises Act.
This latest set of FAQs focuses on how health plans and issuers should determine the qualifying payment amount and includes updates to disclosure and patient cost-sharing requirements, reflecting the recent rulings by the US District Court for the Eastern District of Texas and the US Court of Appeals for the Fifth Circuit in the case of Texas Medical Association, et al. v. United States Department of Health and Human Services, et al.
Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs
On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs) that target diversity, equity, and inclusion (DEI) programs – namely, EO Nos. 14151 and 14173 – which allows the government to implement and enforce the EOs while litigation continues.
Recent Developments Relating to the DOL and ESOPs
There have been major developments that could impact the future of US Department of Labor (DOL) regulation, investigations, and litigation related to employee stock ownership plans (ESOPs). During a recent National Center for Employee Ownership webinar, Partners Ted Becker and Julian André explored what ESOP fiduciaries, ESOP company directors and management, employees involved with ESOPs, and advisors need to know about these developments.
