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DEI Injunction Falls, For Now: 4th Circuit Allows Trump Administration Agencies to Enforce EOs

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit on March 14, 2025, granted the Trump Administration’s motion to stay enforcement of the district court’s preliminary injunction against President Donald...more

Post-EO DEI Assessments: What Are They and Why Should You Do Them?

Challenges to diversity, equity and inclusion (DEI) programs are at an all-time high and increasing. Executive orders (EOs) issued by President Donald Trump prohibit “illegal DEI” activities by federal agencies, contractors,...more

SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions

The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil...more

U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers

The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students...more

Construction Contractors Ramping Up Diversity Efforts

In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for...more

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