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EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,...more

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and...

On January 9, 2025, a federal district court vacated a set of Title IX regulations and—at least for now—resolved the question of whether Title IX protects students from discrimination on the basis of gender identity and...more

Fearless Fund Decision May Impact Race-Based Grantmaking

On June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in...more

The Second Circuit Revisits Legal Standard for Retaliation Claims

On August 7, 2023, the U.S. Court of Appeals for the Second Circuit in Carr v. New York City Transit Authority (No. 22-792-cv, 2023 WL 5005655) (“Carr”) revisited and clarified the appropriate legal standard for analyzing...more

Venture Capital Fund Sued on Allegations of Discrimination in Grantmaking

Following the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College regarding the consideration of race in undergraduate admissions, a new lawsuit has been filed...more

Biden Administration Provides Guidance to Colleges and Universities Following SFFA

On August 14, 2023, the Biden Administration's Civil Rights Division of the U.S. Department of Justice ("DOJ") and the Office for Civil Rights of the U.S. Department of Education ("DOE") jointly issued two pieces of guidance...more

Supreme Court Curtails Consideration of Race in Higher Education

On June 29, 2023, the Supreme Court ruled in Students for Fair Admissions, Inc., v. President and Fellows of Harvard College and Students for Fair Admissions, Inc., v. University of North Carolina (collectively “SFFA”) that...more

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