News & Analysis as of

Anti-Discrimination Policies Diversity and Inclusion Standards (D&I) Title VII

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Seyfarth Shaw LLP

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

Seyfarth Shaw LLP on

The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more

Latham & Watkins LLP

DOJ Issues Guidance on “Unlawful Discrimination”

Latham & Watkins LLP on

The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector....more

Mintz - Employment Viewpoints

The DOJ Issues Its Interpretation of “Illegal DEI”

The U.S. Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance. The...more

BakerHostetler

Trump Administration Releases New Guidance on Unlawful DEI

BakerHostetler on

On July 30, the Department of Justice (DOJ) issued a new memorandum from Attorney General Pam Bondi that provides further guidance on what DEI practices the Trump Administration considers unlawful discrimination. ...more

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Paul Hastings LLP on

Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more

Jackson Lewis P.C.

DOJ Releases DEI Guidance

Jackson Lewis P.C. on

Attorney General Pam Bondi issued guidance dated July 29, 2025, to all federal agencies and recipients of federal funding, reiterating the Trump Administration’s January directive that all programs, policies, and activities —...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Morgan Lewis

DOJ Issues Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Morgan Lewis on

The US Department of Justice released new guidance for recipients of federal funding on July 29, 2025 intended to “clarif[y] the application of federal antidiscrimination laws to programs or initiatives that may involve...more

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Perkins Coie

June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims

Perkins Coie on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail...more

DCI Consulting

Is EEO Cool Again? Part II: Decoupling EEO from DEI

DCI Consulting on

This is Part 2 of the “Is EEO Cool Again?” blog series. Catch up by reading Part I: EEO Compliance Isn't DEI. Over the past decade, many experts have emphasized the importance of breaking down silos between equal...more

DCI Consulting

Is EEO Cool Again? Part I: EEO Compliance Isn’t DEI

DCI Consulting on

Over several decades, DCI has dedicated substantial efforts to evaluating equal employment opportunity (EEO) compliance programs and anti-discrimination initiatives. Typically managed within an organization's Human Resources...more

Cole Schotz

U.S. Supreme Court Issues Reversal for Title VII “Reverse Discrimination” Claims

Cole Schotz on

On June 5, 2025, in a 9-0 opinion, the United States Supreme Court ruled in Ames v. Ohio Dept. of Youth Services that members of a “majority group” do not have to satisfy a heightened evidentiary standard to prevail on a...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

Troutman Pepper Locke on

The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Rumberger | Kirk

U.S. Supreme Court Denies Heightened Standard in “Reverse Discrimination” Claims

Rumberger | Kirk on

A recent Supreme Court decision is reshaping how employers must think about workplace discrimination—confirming that all employees, majority or minority, are held to the same legal standard under Title VII. This shift could...more

Adams & Reese

U.S. Supreme Court Opens the Door for Reverse Discrimination Claims

Adams & Reese on

When I think of employment discrimination, I generally think of someone in a traditional majority group (e.g., white or male) firing someone in a minority group (e.g., African American or female) because of sex or race. But...more

Gordon Rees Scully Mansukhani

SCOTUS Unanimously Rejects Heightened Burden for Majority-Group Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more

Gould + Ratner LLP

Ames Analysis: Reverse Discrimination Reversed

Gould + Ratner LLP on

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, striking down the “background circumstances” requirement in so-called “reverse discrimination” cases. The Court held...more

Proskauer - Government Contractor Compliance...

EEOC Opens EEO-1 Data Collection Portal With Reporting Changes

The Equal Employment Opportunity Commission (“EEOC”) has opened the 2024 EEO-1 data-collection cycle and set Tuesday, June 24, 2025, as the filing deadline for submissions. According to the EEOC, this year’s reporting window...more

Mintz

[Podcast] Mintz on Air: Practical Policies - DEI Diplomacy

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Trump Nominates Assistant U.S. Attorney Panuccio to Serve as EEOC Commissioner

In what may provide the U.S. Equal Employment Opportunity Commission (EEOC) the ability to move forward with implementing policy changes, issuing new guidance, and rescinding other guidance, President Donald Trump nominated...more

Mintz - Employment Viewpoints

Mintz on Air: Practical Policies - DEI Diplomacy

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

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