#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law This Week®
False Claims Act Insights - Can DE&I Initiatives Lead to Potential False Claims Act Liability?
How to Comply with Trump’s Executive Order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity
2025 Outlook: The Department of Health and Human Services Under the Second Trump Administration – Diagnosing Health Care
#WorkforceWednesday®: How Will Trump’s Federal Changes Impact Employers? - Employment Law This Week®
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
#WorkforceWednesday: NLRB Wants Shuttered Starbucks Stores Reopened, Big Tech Retreats from DEI Programs, and Employers Scrap College Requirements - Employment Law This Week®
The Informed Board Podcast | How Will Corporate DEI Policies Be Affected by the Supreme Court Ruling in the University Affirmative Action Cases?
#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs
DE Under 3: How to Lawfully Engage in Race-Based Employment Decisions
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Business Better Podcast Episode: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs
DE Under 3: 4 Implications Impacting Federal Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases
DE Under 3: SCOTUS Finds “Race-Based” Admissions Practices At Harvard and UNC Unlawful
DE Under 3: The Harvard and UNC Case Decisions Are Coming
DE Talk | Top 5 Actions to Take After You Complete Your Affirmative Action Plan
On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more
A new lawsuit will test the legality of grant programs of the U.S. Department of Education for colleges and universities, charging that these programs unlawfully discriminate based on race or ethnicity....more
On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more
On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more
The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more
Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in...more
On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...more
In February, I wrote about a proposed offering that involved a racially based share allocation scheme. Last month, it appeared that the offering was stalled at the Securities and Exchange Commission. Recently, the company,...more
Federal agencies have been enforcing President Donald Trump’s Executive Orders (EOs), with various federal and state government agencies mobilizing to carry out EO 14173, “Ending Illegal Discrimination and Restoring...more
On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more
Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more
On April 15, 2025, ten former Department of Labor (DOL) officials from the Office of Federal Contract Compliance Programs (OFCCP) and Office of the Solicitor (SOL)—including former Directors Jenny Yang and Pat Shiu—released...more
On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more
In this February post, I pondered the question of whether an issuer could allocate shares on the basis of race, gender or ethnicity. That post was inspired by the case of Glennon v. Johnson, U.S. Dist. Ct. Case No....more
Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more
The private sector's Diversity, Equity, and Inclusion (DEI) landscape is undergoing significant transformation in response to evolving federal policies and legal challenges. Two executive orders from President Donald Trump in...more
On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more
Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more
As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more
In an important development in the Trump Administration's campaign to extinguish DEI practices from the private sector, the U.S. Court of Appeals for the 4th Circuit has stayed the district court's preliminary injunction in...more
Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and...more
On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more
Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more
The U.S. Department of Justice (DOJ) has been granted judicial leave to intervene in the American Alliance for Equal Rights’ (AAER) suit against the State of Illinois challenging the state’s diversity, equity, and inclusion...more
On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more