Another Blow to Women’s Equality at Work: The Trump Administration Is Trying to Weaken a Key Workplace Discrimination Protection

PUBLISHED 8/6/2026 by

The Trump administration is attempting to weaken one of the nation’s most important workplace discrimination protections—a legal standard that has, for decades, allowed workers to challenge hiring and promotion policies that unfairly exclude qualified people, even when those policies appear neutral on their face.

A new opinion from the Justice Department’s Office of Legal Counsel (OLC), issued in June, argues these longstanding interpretations of Title VII’s “disparate-impact” standard are unconstitutional, and contends certain Equal Employment Opportunity Commission guidance improperly allows employers to be held liable based on discriminatory effects rather than intent. The opinion is meant to guide executive branch enforcement.

Civil rights advocates are pushing back, arguing the new OLC opinion misstates decades of Supreme Court precedent and congressional action.

Below is a joint explainer—issued by the National Women’s Law Center (NWLC), Democracy Forward, the Legal Defense Fund (LDF), the American Civil Liberties Union (ACLU), Asian Americans Advancing Justice (AAJC), Equal Rights Advocates, and LatinoJustice PRLDEF—originally published as “The Office of Legal Counsel’s Opinion on the ‘Constitutionality of Disparate-Impact Liability Under Title VII’: What You Need to Know.”

The organizations argue that the opinion does not change federal law. Instead, they emphasize that only Congress can amend Title VII and that courts—not the executive branch—determine how the law is interpreted. Employers, they say, remain legally obligated to comply with existing anti-discrimination protections.

“Across America, workers are struggling to find living-wage jobs to support themselves and their families. Too often, qualified workers are blocked from getting hired and promoted due to employer policies that screen out applicants based on factors unrelated to whether the applicant could do the job, from unnecessary college degree requirements and credit checks to commute-radius limitations and AI resume reviews. The Trump-Vance administration is making this problem worse.

“For decades, under Supreme Court precedent, Title VII of the Civil Rights Act of 1964 (Title VII), and other legal authority, workers have been able to challenge exclusionary policies like these using a legal tool known as “disparate-impact liability.” That tool has resulted in employers adopting more thoughtful, rigorous standards in evaluating their own selection criteria and advancing their business objectives. The administration is now attacking this tool, encouraging employers to ignore the harms caused by their own policies while denying workers the ability to question whether those policies are justified and fair.

“In its latest move, the Trump-Vance administration’s Department of Justice Office of Legal Counsel (OLC) released an opinion claiming that longstanding U.S. Equal Employment Opportunity Commission (EEOC) guidance on disparate-impact liability under Title VII is unconstitutional. The OLC opinion is wrong on the facts and wrong on the law. Only Congress and the courts have authority to change the law or its impact.”

On the Voting Rights Act’s Anniversary, Short Film ‘Selma Sisters March On’ Captures 1965’s Fight for the Right to Vote

PUBLISHED 8/6/2026 by

Aug. 6, 2026, marks the 61st anniversary of the Voting Rights Act. Signed into law by President Lyndon B. Johnson in 1965, the VRA sought to end Jim Crow-era voter disenfranchisement. Particularly in Southern states, voting officials routinely required Black voters to jump through hoops such as “literacy tests” or arbitrary rules such as having to name every county in the state before voting. Even if a Black voter managed to make it this far, election administrators sometimes intentionally sent them to the wrong location to vote, ensuring their vote never actually got counted.

The Voting Rights Act made it illegal for states to discriminate against voters by race, color or language-minority status, thereby reaffirming all U.S. citizens’ constitutional right to vote. The VRA also introduced additional changes to make voting more widely accessible, such as ballots in languages other than English and protections for blind, disabled and illiterate voters.

However, the VRA only became law after decades of struggle and widespread civil rights protests, including the famous marches from Selma to Montgomery, Ala., in March 1965. Protesters, many of whom were young students, faced violent attacks from law enforcement, from tear gas to imprisonment, as they fought for their right to vote.

Sisters Alice and Denise Thomas were only 16 and 14 when they joined the Selma to Montgomery marches and other protests in their home state of Alabama before the VRA became law. In the new short documentary Selma Sisters March On, the Thomas sisters describe in their own words the fateful events of 1965 as they experienced them as high school-aged civil-rights activists.

What a ‘Black Helen of Troy’ Reveals About Hollywood and Mythmaking

PUBLISHED 8/5/2026 by

The conversations over a Black actor like Lupita Nyong’o portraying the iconic Helen of Troy, “the most beautiful woman in the world”, reveal a broader discomfort with depictions of dark-skinned Black beauty in Hollywood.

Whether Nolan intended to or not, Nyong’o’s dual roles reinforced the white feminine ideal, since her Helen does not threaten whiteness as the beauty status quo, nor does her Clytemnestra establish her as sufficiently feminine. 

Writer Karen Attiah argues we don’t need a Black Helen so much as we need more “Black mythologies. … “We don’t need Black Helens of Troy. We need more Wakanda women. We need more Women Kings. We need more Queens of Katwe. It is precisely in this moment of historical erasure and rejection of even the most nominal forms of Black inclusion that Black writers and thinkers, and especially Black women, should be focusing on building out the civilizational myths, histories, and heroines we already have.”

Imagine an epic movie about Amanirenas, the Kandake queen who prevented the conquest of the ancient kingdom of Kush from the powerful Roman army circa 25 B.C.E.

Or Queen Nzinga, who fought against the Portuguese seeking to enslave her people during the transatlantic slave trade era circa 1600s.

We can hardly visualize the kingdom of Haiti in existence between 1811 and 1820 during the era of Bridgerton, as historian Marlene Daut argues, let alone tell the story of its king and queen (instead of reclaiming the British Queen Charlotte as a Black royal). 

Imagine Lupita Nyong’o cast in any of these majestic roles.

And these roles need not be historical. Imagine the same actor reprising her role as the spy “war dog” Nakia from the Black Panther franchise in her own movie spin-off, traipsing James-Bond style around the world without the need to replace James Bond himself. 

If we must wait until 2028 to witness Nyong’o on our big screens again (when the third Black Panther film is scheduled), then this moment in The Odyssey is a misuse of her talents.

The Voting Rights Act Turns 61 as New Threats to the Ballot Box Mount

PUBLISHED 8/5/2026 by

This year’s midterm elections have the power to dramatically alter representation in the current Republican-leaning Congress: All 435 congressional seats in the U.S. House are up for grabs, as is two-thirds of the Senate. Public health, women’s health, abortion access, the cost of living, healthcare affordability, immigration justice and a host of other issues hang in the balance.

However, the Trump administration is working to quietly disrupt voting this November, from firing the remaining U.S. Election Assistance Commission (EAC) members, to continuing to challenge the legality of mail-in ballots and lobby the Supreme Court to do Trump’s bidding—part of an ongoing effort to expand federal control over election administration ahead of the midterms.

“There’s just this onslaught that’s coming from the administration itself, and then the judiciary,” Celina Stewart, CEO of the League of Women Voters, told Ms. “I don’t think it gives people a lot of confidence that [the Supreme Court justices] understand how important voting rights are … You can see the erosion on the Court as they move toward supporting the administration more and moving away from public discourse and public opinion.”

Thursday, Aug. 6, will mark the 61st anniversary of the Voting Rights Act, first passed in 1965 under President Lyndon B. Johnson to prohibit racial discrimination in voting. Congress passed the VRA in order to end post-Civil War and Jim Crow-era voter disenfranchisement, especially in southern states, by prohibiting “literacy tests,” mass voter challenges and other techniques states were using to stop Black Americans from voting.

On Saturday, Aug. 8, the League of Women Voters is leading a nationwide “Unite and Rise for Voting Rights” Day of Action to commemorate the VRA’s anniversary and call attention to SCOTUS’ attempt to decimate it. The Day of Action will also bring together League of Women Voters chapters and partner organizations across the country to lead hundreds of events with the goal of mobilizing voters before November’s midterms.

The Day of Action is part of the League’s Unite and Rise 8.5 initiative, started in 2025, which hopes to engage 8.5 million U.S. voters before November’s midterms—10 percent of the 89.2 million who did not vote in the 2024 presidential election.

And on the VRA’s anniversary on Thursday, Aug. 6, the League will host a virtual rally.

Feminists and Democracy Advocates Sound the Alarm on Todd Blanche: ‘He Is Trump’s Lawyer, Not America’s’

PUBLISHED 8/4/2026 by and | UPDATED 8/17/2026 at 11:53 A.M. PT

In a party line vote of 12-10, the Senate Judiciary Committee advanced Todd Blanche’s nomination for attorney general on Wednesday; a full Senate vote is expected in the coming days. The vote prompted a wave of criticism from feminist leaders, democracy advocates and Democratic lawmakers, who warned President Donald Trump’s former personal defense attorney has repeatedly demonstrated his loyalty to the president over the Constitution, and could further erode the Justice Department’s independence at a pivotal moment for U.S. democracy, while also threatening access to reproductive healthcare.

“He is not America’s lawyer,” Sen. Cory Booker (D-N.J.) said on the Senate floor. “He is about to become Trump’s sword against his adversaries and shield against any scrutiny.”

“Our Republican colleagues see no evil, hear no evil, and speak no evil,” Sen. Sheldon Whitehouse (D-R.I.) said during debate.

As the Senate prepared to vote on Todd Blanche’s confirmation as attorney general, another major development emerged, adding fresh urgency to warnings from reproductive rights advocates: A new Politico report reveals Blanche privately pledged antiabortion leaders the DOJ would pursue a crackdown on medication abortion if confirmed with the goal of “the Dobbs decision [becoming] permanent in every single state.”

Who Will Train the Next Generation of Abortion Providers?

PUBLISHED 8/3/2026 by

Reproductive health clinics have been closing at alarming rates since the Supreme Court ended federal abortion protections in 2022. Every time a clinic closes, patients lose access to care, but that’s not all: Whole communities lose their comprehensive care providers for future generations.

As a nurse, doula and the executive director of the reproductive health clinical training and advocacy group Repro TLC, I’ve seen firsthand how abortion restrictions and clinic closures are shrinking the pipeline of trained providers. This is happening even in the states where access to abortion care remains fairly robust. 

The result is a workforce crisis in the medical field that extends far beyond abortion access and threatens the future of reproductive health in communities nationwide. 

Community-based reproductive health centers—clinics that operate independently of hospitals, major medical centers or Planned Parenthood affiliates—serve as a safety net for patients. They provide 58 percent of abortion care nationwide. 

They also provide crucial training infrastructure for future healthcare providers. Most medical and nursing education programs do not teach abortion care; providers who want to provide abortions to patients often have to find, coordinate and fund their own training opportunities at independent clinics—like a self-organized medical rotation. And as more of these independent clinics close, these training opportunities dwindle.

A Decade After Hillary Clinton’s Historic Presidential Run, the DNC Is Fighting Over Ranked-Choice Voting

PUBLISHED 8/1/2026 by

Weekend Reading on Women’s Representation is a compilation of stories about women’s representation in politics, on boards, in sports and entertainment, in judicial offices and in the private sector in the U.S. and around the world—with a little gardening and goodwill mixed in for refreshment!

—Ten years ago this week, Hillary Clinton became the first woman to secure a major party’s nomination for president. Eight years later, Kamala Harris walked up to that same door and secured her own party’s nomination.
—The data is convincing: Ranked-choice voting helps level the electoral playing field for women by weakening the control of gatekeepers and incentivizing more civil and collaborative campaigns. RCV has additional benefits too, such as its clear value for political parties to nominate more unifying candidates, as recently demonstrated in Maine’s Democratic gubernatorial primary won handily by Democrat Hannah Pingree after she trailed in first choices. That’s why I was so enraged to learn that the Democratic National Committee’s Rules and Bylaws Committee (RBC) has voted to block state parties from making use of RCV to select a nominee.
—Rest in power, Ida Schmertz, co-founder of the Center for American Women and Politics at Rutgers. who described herself as “a feminist before I knew the word.”

… and more.

August 2026 Reads for the Rest of Us

PUBLISHED 7/31/2026 by

Each month, Ms. rounds up some of the most exciting new books by writers from historically marginalized communities—authors whose work too often gets overlooked in a publishing landscape still dominated by white, cisgender, heterosexual men. The hope is not only to amplify these voices and the independent presses championing them, but also to encourage readers to seek them out, whether by buying, borrowing or recommending them.

This August’s list grew beyond the usual 10 selections because there were simply too many remarkable books to leave behind. From novels in translation and groundbreaking histories to feminist resistance, gender, incarceration and contemporary fiction, these 15 titles offer fresh perspectives, unforgettable storytelling and urgent ideas.

Whether you’re looking for literary fiction, political analysis or thought-provoking nonfiction, there’s something here to add to your late-summer reading stack.

The Kids Really Are All Right—But Opponents of Marriage Equality Won’t Admit It

PUBLISHED 7/31/2026 by

Within days of Donald Trump’s second inauguration, the administration began erasing LGBTQ+ people from federal websites, while Republican governors across the country rebranded Pride Month as celebrations of the “traditional” or “nuclear” family.

At the same time, public support for marriage equality has begun to slip, and conservative activists are seizing the moment to revive their campaign against Obergefell v. Hodges. Emboldened by the Supreme Court’s decision to overturn Roe v. Wade, they are laying the groundwork for a new legal challenge—one designed to persuade the Court’s conservative majority to reconsider the constitutional right to same-sex marriage.

But this latest effort relies on a familiar myth dressed up as a new argument: that children are the “real victims” of marriage equality. The evidence tells a very different story. Decades of research—and a recent meta-analysis examining children’s developmental well-being—show that children raised by same-sex parents do just as well, and in some measures even better, than those raised by heterosexual parents. The real harm comes not from loving families, but from efforts to deny them equal dignity under the law.

Opponents of marriage equality are working hard to revive old attacks on marriage equality. We cannot allow this campaign of erasure to succeed.

The Trump Administration Is Rewriting Sex Education to Promote Parenthood

PUBLISHED 7/31/2026 by

The Trump administration’s hormonal obsession has reached yet another frontier: federal funding for teen pregnancy prevention and sex education.

New grant requirements would shift the focus from preventing unintended pregnancy to planning for it, requiring programs to emphasize menstrual tracking, “reproductive goals” counseling and marriage and parenthood as core values.

The result is a quiet but profound ideological rewrite of evidence-based reproductive health education.

As someone who has long championed menstrual literacy and hormonal fluency, I know context matters. Understanding the menstrual cycle is essential in a post-Dobbs world, where pregnancy is increasingly regulated by the state. But these new guidelines aren’t about empowering young people with knowledge—they’re about advancing a Heritage Foundation-style vision of reproduction and family life through federal policy.

When political dogma masquerades as health education, we should all be paying attention.