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Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...more

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

OFCCP Set To Release Contractors' EEO-1 Reports to FOIA Requestors

The U.S. Department of Labor’s Office of Federal Contracting Compliance Programs (OFCCP) may release federal contractors’ Type 2 Consolidated Employer Information Report (aka Standard Form 100) data (EEO-1 Report) in response...more

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more

Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine Mandates

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine...more

Higher Education Institutions May Be Back in the Department of Labor’s Crosshairs

The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more

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