- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more
8/4/2025
/ Anti-Discrimination Policies ,
Best Practices ,
Compliance ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Protection ,
Regulatory Agenda ,
Title IX ,
Title VI ,
Title VII ,
Trump Administration
On February 21, 2025, the U.S. District Court for the District of Maryland paused the enforcement of certain portions of the Trump administration’s executive orders related to diversity, equity and inclusion (DEI) efforts....more
As Trump administration directives emerge, it’s crucial for businesses and other stakeholders to stay informed and adapt their strategies accordingly. We will provide ongoing coverage of these developments and their potential...more
2/4/2025
/ Affirmative Action ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Federal Contractors ,
Financial Regulatory Reform ,
Healthcare ,
Intellectual Property Protection ,
International Litigation ,
International Trade ,
Legislative Agendas ,
Life Sciences ,
National Security ,
New Legislation ,
New Regulations ,
OECD ,
Privacy Laws ,
Regulatory Agenda ,
Technology Sector ,
Trade Policy ,
Trump Administration
Two executive orders have important implications for diversity, equity and inclusion (DEI) efforts. “Ending Radical and Wasteful Government DEI Programs and Preferencing” (Executive Order 14151), issued on January 20, 2025,...more
Key Points -
- Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more
1/20/2025
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Race Discrimination ,
SCOTUS ,
Title VII ,
Trump Administration
On December 11, 2024, in a 9-8 decision, the United States Court of Appeals for the Fifth Circuit ruled that in approving the Nasdaq Stock Market’s (Nasdaq) board diversity rules (the Rules), the Securities and Exchange...more
12/17/2024
/ Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
LGBTQ ,
Listing Standards ,
Nasdaq ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more
6/27/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Gender Discrimination ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more
4/1/2024
/ Analytics ,
Antitrust Division ,
Artificial Intelligence ,
Board of Directors ,
Climate Change ,
Competition ,
Compliance ,
Corporate Communications ,
Corporate Governance ,
Corporate Social Responsibility ,
Data Management ,
Data Protection ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Hong Kong ,
International Data Transfers ,
Machine Learning ,
Popular ,
Publicly-Traded Companies ,
Race Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
State Legislatures ,
Technology Sector
The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more
The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs -
Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more
12/15/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
EU ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Sustainability ,
Sustainable Business Practices
Key Points -
- In the wake of the Supreme Court’s decision in Students for Fair Admissions, challenges to DEI initiatives have focused on programs that facially appear to provide a zero-sum advantage based on protected...more
12/13/2023
/ Affirmative Action ,
Class Action ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
NASCAR ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context.
Although the Court’s decision was...more
9/21/2023
/ Affirmative Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Policies and Procedures ,
Putative Class Actions ,
Race Discrimination ,
SCOTUS ,
Sex Discrimination ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI