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Trump Administration Moves to Eliminate Federal Government’s Use of Disparate Impact Theory Liability

On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act...more

Federal Court Enjoins Trump Administration’s Broad Attack on DEI

On February 21, a federal district court judge issued a preliminary injunction against several elements of Trump’s executive orders regarding DEI or DEIA. The reach of this preliminary injunction goes beyond the plaintiffs in...more

President Trump Relies on Executive Orders to Promote Anti-IE&D Policies

Since taking office on January 20, 2025, President Trump has issued several executive orders that address inclusion, equity, and diversity (IE&D) programs and policies. Although these orders are important to consider,...more

High Court to Review Standard Applied to “Reverse Discrimination” Cases

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the...more

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many...more

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education...more

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