Workforce Bulletin

On November 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it was asking a federal court to compel a private employer to disclose details about its diversity, equity, and inclusion (DEI) policies, pursuant to an administrative subpoena the agency had issued. This is the first known instance of EEOC issuing a subpoena in an investigation of a charge alleging illegal DEI activities.

On December 4, 2025, the New York City Council voted—by more than a two-thirds majority—to override Mayor Eric Adams’ veto of two bills requiring certain businesses to annually report pay data and directing New York City to conduct pay equity studies using that information.

The City Council originally passed the bills on October 9, 2025, as we explained here. Citing concerns about the bills’ clarity and fearing inaccurate reporting from businesses, Mayor Adams vetoed the bills on November 7.

The Council’s action sets in motion the creation of the pay reporting scheme, but ...

In a letter notifying the City Council of his disapproval of the bills, Mayor Adams noted the “serious operational concerns” that could arise for the agency designated to enforce the pay data reporting law and expressed doubts about the bill’s clarity regarding which City businesses it covers. He also raised reservations about allowing businesses to report anonymously under the law, writing that the anonymity would “[disincentivize] respondents from providing accurate information while also stymieing any effort by the City to address potentially illegal pay practices.” The Mayor concluded by asserting that the “costs to the City and businesses operating here . . . outweigh any potential benefit this law may create.”

On August 4, 2025, Plaintiff Arshon Harper (“Harper”) filed a class action complaint in the Eastern District of Michigan against Sirius XM Radio, LLC (“Sirius”) asserting claims of both unintentional and intentional racial discrimination under Title VII of the Civil Rights Act. Harper alleges that Sirius’ use of a commercial AI hiring tool that screens and analyzes resumes resulted in racial discrimination against him and other similarly situated African American applicants.