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DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil...more

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of...

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more

New Federal Guidance Addresses Workplace Discrimination Questions

On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued two technical assistance documents (the “DEI Guidance”) addressing the application of Title VII of the Civil Rights Act of 1964 (“Title VII”) to...more

Supreme Court Signals it Will Reject Heightened Burden for Majority Group Plaintiffs in “Reverse Discrimination” Employment Claims

On February 26, 2025, the Supreme Court and all three counsel appearing before it in Ames v. Ohio Department of Youth Services, appeared to walk away in “radical agreement” — as noted by Justice Neil Gorsuch — that a...more

What is “Illegal DEI”: Vagueness Partially Sinks President Trump’s Executive Orders on Diversity, Equity and Inclusion

On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more

President Trump Takes Aim at Affirmative Action and DEI Via Executive Order

On January 21, 2025, President Donald Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order” which significantly impacts not only requirements...more

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