News & Analysis as of

Civil Rights Act Affirmative Action Executive Orders

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...more

DCI Consulting

[Webinar] Summer 2025 Update: Affirmative Action for Federal Contractors - July 23rd, 2:00 pm - 2:30 pm EDT

DCI Consulting on

The first half of 2025 brought unprecedented changes for federal contractors seeking to comply with federal affirmative action requirements. The rescission of Executive Order 11246 via Executive Order 14173 upended decades of...more

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

Williams Mullen on

On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

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

FordHarrison

Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump)

FordHarrison on

On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....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

Lathrop GPM

Tax-Exemption Implications of “Illegal DEI”

Lathrop GPM on

Recent Executive Orders issued by President Trump repeatedly refer to “illegal” diversity, equity and inclusion (DEI) preferences and activities. ...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

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

Womble Bond Dickinson

How to Remain Compliant: Navigating the Post-Affirmative Action Landscape for Federal Contractors

Womble Bond Dickinson on

On January 21, 2025, President Trump issued an Executive Order targeting diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs. Among other things, Executive Order 14173...more

Harris Beach Murtha PLLC

New EEOC Guidance Advises on Acceptable Workplace DEI Practices

The EEOC and Department of Justice have weighed in on DEI in the workplace. In two guidance documents, the Equal Employment Opportunity Commission (“EEOC”) presented its stance for employers to steer clear of illegal...more

Epstein Becker & Green

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

Epstein Becker & Green on

Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more

Hogan Lovells

The EEOC publishes new Q&A addressing DEI-related discrimination

Hogan Lovells on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC), in partnership with the U.S. Department of Justice (DOJ), issued a technical assistance Q&A guidance document entitled “What You Should Know About...more

Wiley Rein LLP

EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs

Wiley Rein LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination...more

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

FordHarrison on

On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

Akin Gump Strauss Hauer & Feld LLP

Removing Discrimination and Discriminatory Equity Ideology from the Foreign Service (Trump EO Tracker)

Directs the Secretary of State to remove the “Diversity, Equity, Inclusion, and Accessibility” Core Precept from Foreign Service tenure and promotion criteria. It further directs that the U.S. government will not base Foreign...more

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

Foley & Lardner LLP on

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

Davis Wright Tremaine LLP

New Administration Outlook: NADOHE Injunction on DEI Crackdown Is Stayed – Key Takeaways for Federal Grantees and Contractors

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

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

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

Berkshire

America First Legal Calls on OFCCP to Investigate Contractors

Berkshire on

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

Mayer Brown

16 AGs Issue Guidance on the “Continued Viability and Important Role” of DEI Efforts

Mayer Brown on

“To be clear: the Executive Order cannot and does not prohibit otherwise lawful practices and policies to promote diversity, equity, inclusion and accessibility.” – 16 Democratic AGs...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

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

Keating Muething & Klekamp PLL

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Lippes Mathias LLP

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

Lippes Mathias LLP on

On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more

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