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President Trump Issues Executive Order to Curtail the Use of Disparate Impact Liability Under Federal Anti-Discrimination Law

On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights...more

The Supreme Court Seemingly Lowers the Bar for Finding an Adverse Action under Title VII

On April 17, 2024, the Supreme Court announced its unanimous decision in Muldrow v. City of St. Louis, Missouri, No. 22-193. In Muldrow, the Court held that while an employee challenging a job transfer under Title VII of the...more

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