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

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.”

Believing Women (or Not) Shapes More Than Sexual Assault Cases

Nearly a decade after the rise of #MeToo, public conversations about sexual harassment and assault have entered a new phase—one marked by growing skepticism.

New data from Tulane University’s Newcomb Institute 2025 Violence Experiences Survey suggests that this skepticism extends beyond individual cases. People who are more likely to doubt women’s reports of sexual violence are also more likely to question women’s leadership and their ability to make decisions about their own health.

This matters because believing women—and believing in women—shapes whether survivors come forward, whether they are taken seriously and whether women are trusted in positions of authority. Ultimately, the issue is larger than sexual violence alone. It is about women’s credibility, and whether society trusts women to speak about their own experiences, lead their communities and decide what is best for their health and safety.

Why the Blake Lively Case Matters—and Why Most Women Like Her Have No Legal Recourse

According to Blake Lively’s allegations, Justin Baldoni repeatedly discussed his porn addiction and personal sex life, made comments about her body and improvised physical intimacy that had not been choreographed.

Her claims were dismissed, not because a judge found them lacking in merit, but for procedural reasons tied to her independent contractor status under California law. The harassment itself was never adjudicated.

In 2019, in direct response to the #MeToo movement, New York state lowered the bar for what constitutes sexual harassment. Under current New York law, a worker cannot be subjected to inferior terms or conditions of employment because of their sex. Behavior that rises above a petty slight or trivial inconvenience is now actionable.

In my practice, I see the real effects of sexual harassment on women every day. That psychological weight is real and costly. Not only are women jumping from job to job to avoid harassers, but companies are also losing talented employees.

It is time for federal law to catch up, lowering the standard so that harassment that subjects women to inferior terms and conditions of employment is actionable, regardless of which state they work in.

The ‘One Big Beautiful Bill’ Will Strip Healthcare From Millions—Especially Women and Disabled People

Over 70 million people depend on Medicaid. The Trump administration and members of Congress who constantly turn to the program to make cuts, want you to think that’s a problem. It isn’t—it’s the point.

Every talking point repeated by politicians, amplified by the media and embedded in the rhetoric of those who just voted to gut $1 trillion from the program, is not a policy argument. It’s a cover story. The administration’s story of a typical Medicaid beneficiary is rooted in falsehoods about who is currently supported by the program.

The reality of Medicaid looks like:

… a 59-year-old woman in North Carolina who closed her small business because her eyesight failed, who sorts recyclables at a concert venue when the season allows, who survives on less than $10,000 a year and who relies on Medicaid for arthritis medication and blood pressure care.

Or a 63-year-old woman in Arkansas who spent her career working and now serves as the sole caregiver for her husband with advanced cancer, who is unable to leave him to log the 80 hours a month the federal government will soon demand of her on top of the role she already plays, filling gaps in a system that was already threadbare before it was slashed.

Or a young mom who has been trying for years to find an answer for the rare disease that makes her periodically unable to walk, while struggling to hold down her retail job and care for her kids while waiting months to see specialists.

These are the faces of Medicaid, and this is who HR 1—the so-called One Big Beautiful Bill Act—and the cuts within it, will harm.

And now, with a new interim final rule from the Centers for Medicare and Medicaid Services (CMS), the situation has gotten measurably worse by an administration going further than Congress intended, leaving states scrambling.

The public comment period on the interim final rule closes July 31, 2026. Make your voice heard today.

‘The Headspace Gap’: The Mental Load of Living in a World Designed for Men

There is a reality we seldom notice: the physical contortion constantly required and tolerated by women to get through the day.

It’s everywhere if you pay attention: the woman struggling to reach and hold on to the strap on the moving subway car; the corporate attorney changing her gait to avoid blisters from her heels; any woman choreographing her every move inside a public restroom stall, accommodating a space designed to be barely sufficient.

The distraction caused by an ill-fitting built world has a tangible consequence: Headspace that would otherwise be focused on a goal or fulfilling one’s potential is wasted on silly workarounds. (And we know these workarounds cost money too.) This is headspace that our male counterparts have available to them.

It is no longer the case that our labor market is predominantly male, and design should reflect that. In a century characterized by the emergence of some of the most frivolous comforts, to ignore gender bias in design is to convey indifference toward the health, safety, performance and comfort of our women.

I call this the headspace gap. It perpetuates patriarchy, operating as a product by design.

(Adapted from the new book Man-Made: How We Designed a World That Leaves Women Out, and How We Can Make It Right.)

Revisiting the Speech That Made America See Farmworkers: Dolores Huerta and the Power of Saying, ‘We Exist’

In 1965, the National Farm Workers Association announced their decision to join the striking Agricultural Workers Organizing Committee on Sept. 16—Mexican Independence Day. The choice of date reflected the hybrid identity of Chicanos: straddling Mexican and American cultures, Spanish and English, rooted in the old country but with branches fully extended into the new one.

This was the identity Huerta embodied.

Huerta maintained a heavy bilingual speaking schedule to keep up mo­rale. In addition to the typical challenges of organizing, the farmworkers were standing up against bigotry and asserting their American identity—attaching their cause to the Civil Rights Movement.

“Abajo con racism! Down with rac­ism!” Huerta sometimes ended her speeches. “Viva la union! Viva la causa!”

The people in power, the ones who owned the companies that sold the food or wrote laws in the statehouse, had been able to ignore people like the farmworkers—the people who toiled out of sight to keep the system going.

Now, a crowd of people had walked across the state to watch Huerta declare: “We are here and we embody our needs for you.”

(Excerpted from the book ALL WE SAY: The Battle for American Identity: A History in 15 Speeches by Ben Rhodes.)

America’s Roman Holiday: Prime Day and the Price of Convenience

Amazon Prime Day has become one of the biggest shopping events in the country, but its success tells a story far bigger than discounts.

In an economy where families are struggling with the cost of groceries, rent, healthcare and childcare, the appeal of lower prices is understandable. Yet the massive scale of Prime Day also raises a harder question: What does it mean when one of America’s defining consumer rituals depends on a labor system that workers, regulators and advocates have repeatedly described as dangerous, underpaid and deeply unequal?

Amazon’s influence extends far beyond its own warehouses. By normalizing ever-faster delivery, constant surveillance and relentless productivity, the company has helped reshape expectations across the retail economy.

As billionaire wealth continues to soar and labor protections face renewed political pressure, Prime Day reveals the growing divide between those who profit from convenience and those whose labor makes it possible.

The United States Is No Country for Mothers. (Not Yet.)

For 250 years, America has asked mothers to carry the weight of families, communities and the economy while offering little in return. We celebrate motherhood rhetorically, but our policies tell a different story: unaffordable childcare, inadequate paid leave and a culture that blames women for structural failures. In this essay, I argue that these conditions are not accidental—they are the result of political choices that have excluded mothers from full participation in economic and civic life.

If we are serious about building a stronger democracy for the next 250 years, we must start with childcare. Universal, affordable childcare is not a fringe idea; it is the foundation that makes equal pay, workforce participation, political engagement and family well-being possible. States like New Mexico and New York are already demonstrating what can happen when leaders treat care as public infrastructure rather than a private burden.

The good news is that mothers are increasingly refusing to be divided by the same culture wars that have stalled progress for generations. Across political lines, families want the same basic thing: the ability to work, raise children and participate fully in their communities without being pushed to the breaking point. The future of American democracy depends on whether we finally build a country that works for mothers.

(This is part of a new miniseries FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of American democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)

Keeping Score: Threats Against Abortion Clinics Doubled in 2025; Sounding the Alarm on ‘Horrible Conditions’ of Delaney Immigration Center; Pride Celebrations Around the U.S.

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week:
—”Trump only seems to have the capability to fire female secretaries,” observes AOC.
—Two-thirds of abortion clinics reported violence or harassment in 2025.
—The TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act) took effect last month. It requires social media sites to take down non-consensual sexual imagery within 48 hours.
—Members of Congress visited the Delaney Hall Immigration Detention Center after detainees started a hunger strike to protest inhumane conditions.
—The Trump administration announced an investigation into E. Jean Carroll, who Trump sexually abused and defamed.
—Harvey Weinstein’s New York rape trial resulted in another mistrial.
—A North Carolina bill would allow deadly force against patients seeking abortion care.
—Healthcare premiums have skyrocketed, forcing 21 percent of HealthCare.gov enrollees to lose coverage.
—Women freelancers charge an average of 19 percent less per hour than men.
—Americans are struggling to access disability benefits after cuts to the Social Security Administration.
—Social media platforms are enabling anti-LGBTQ hate and censorship.
—Rep. Ayanna Pressley (D-Mass.) and Sen. Dick Durbin (D-Ill.) reintroduced the Federal Death Penalty Prohibition Act to ban the death penalty at the federal level. Last month, the DOJ announced they would bring back firing squads and potentially electrocution and lethal gas for executions.
—A comprehensive calendar shows all the Pride parades this month, across the country and globe.

… and more.

What if Women Really Went Back? Viral Thriller ‘Yesteryear’ Deconstructs the Dark Side of Tradwife Culture

What if women really went back? That question sits at the center of Caro Claire Burke’s 2026 debut novel and viral summer read Yesteryear.

At a moment when tradwife influencers are building massive audiences by romanticizing domesticity, submission and “traditional” gender roles, Burke asks readers to imagine what life inside those arrangements actually looks like for the women who lived them—and what rights and freedoms were sacrificed along the way.

Yesteryear follows wealthy, polished (at least on the outside) tradwife influencer Natalie Heller Mills, who has built a carefully curated online brand around nostalgic femininity. But as the fantasy unravels, Burke exposes the gap between aestheticized womanhood and women’s lived experience.