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Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...more

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

Brittany Panuccio Nominated for EEOC Commissioner

President Trump has nominated a Republican attorney, Brittany Panuccio, to fill one of the three open seats on the Equal Employment Opportunity Commission (EEOC). If confirmed by the Senate, this would restore the...more

Former OFCCP Officials Clarify Employer Non-Discrimination Obligations

In the ongoing public discussion about the implications of President Trump’s Executive Order 14173 a new “open letter” was issued this week from ten former OFCCP officials. The former officials offer their views about the...more

EEOC and DOJ Release Guidance on “Illegal DEI”

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued a joint press release accompanied by two new technical assistance documents explaining this...more

EEOC Investigating Prominent Law Firms for Potential DEI “Violations”

Andrea Lucas, the Acting Chair of the EEOC, took an unprecedented step earlier this week by sending letters to 20 prominent law firms demanding information regarding specific “DEI”-related employment practices. According to...more

America First Legal Calls on OFCCP to Investigate Contractors

America First Legal Foundation (AFL)—a nonprofit organization founded by current White House Deputy Chief of Staff Stephen Miller—has made headlines calling for federal investigations of a wide range of U.S. companies,...more

Sixteen State Attorneys General: “DEI Best Practices Are Not Illegal”

The Attorneys General of Massachusetts and Illinois, joined by the Attorneys General of 14 other states (Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon,...more

Post EO 11246, State Standards Move to the Forefront

We have been receiving a lot of questions since the revocation of E.O. 11246, and the majority of them can be boiled down to, “What do we do now?” ...more

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