News & Analysis as of

Civil Rights Act Discrimination

McCarter & English Blog: Government Contracts...

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

Earlier this year, we addressed a growing sense of confusion and unease among federal contractors relating to shifting diversity, equity, and inclusion (DEI) standards. Specifically, awardees had to take stock of the...more

Kelley Drye & Warren LLP

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled ​“Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173 that,...more

ArentFox Schiff

The AG’s July 29, 2025, Guidance on Discrimination: Its Potential Impact

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On July 29, the Attorney General (AG) of the United States issued a memorandum entitled “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination” (hereinafter “Guidance”). This alert provides a review of...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

Husch Blackwell LLP

Tennessee Attorney General’s Office Launches New Civil Rights Enforcement Division: What Employers Need to Know

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On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural...more

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Law Matters

On Securing a Preliminary Injunction in a Pro Bono Case Protecting Student Civil Rights – Q&A with Glenn Agre Bergman & Fuentes

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Q&A with Reid Skibell and Jon Friedman, partners at Glenn Agre Bergman & Fuentes, after the firm obtained a preliminary injunction in a pro bono lawsuit brought on behalf of Victim Rights Law Center and two students and their...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Williams Mullen

Institutions of Higher Education Face Increased Exposure to False Claims Act Violations

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On May 19, 2025, the Department of Justice announced the establishment of a Civil Rights Fraud Initiative, created to enforce the False Claims Act (FCA) “against those who defraud the United States by taking its money while...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Epstein Becker & Green

DOJ Civil Rights Fraud Initiative: FCA Enforcement Expanding Into Alleged Discrimination

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On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health...more

White & Case LLP

DOJ Launches Civil Rights Fraud Initiative by Leveraging the False Claims Act: What Federal Fund Recipients Should Know

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On May 19, 2025, Deputy Attorney General Todd Blanche announced the Department of Justice’s launch of a sweeping Civil Rights Fraud Initiative designed to hold federal contractors, grant recipients, and other federally funded...more

Foley Hoag LLP

DOJ Formalizes Plan to Use False Claims Act to Enforce “Civil Rights Fraud”

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Key Takeaways: - The U.S. Department of Justice (“DOJ”) announced the creation of a new initiative focused on using the False Claims Act (“FCA”) to pursue “Civil Rights Fraud.” - DOJ warned FCA claims could arise when a...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...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

Vinson & Elkins LLP

Illegal Debanking Under Scrutiny: New Task Force Signals DOJ Enforcement Shift

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On April 28, 2025, the U.S. Attorney’s Office for the Eastern District of Virginia (“EDVA”) and the U.S. Department of Justice’s (“DOJ”) Civil Rights Division (“CRT”) announced the formation of the Eastern District of...more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

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The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

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On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

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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

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

Federal Agencies Target Universities Amid Antisemitism Allegations

The federal government recently revoked all grants and contracts with Columbia University, citing “illegal protests” and antisemitism on campus....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

ArentFox Schiff

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

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On March 5, Do No Harm filed a lawsuit against the American Chemical Society (ACS), a 501(c)(3) nonprofit organization, challenging a scholarship program for undergraduate students from historically underrepresented groups in...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

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On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

TNG Consulting

Why Title VI Training is Necessary Now 

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An ATIXA Testimonial by Alexis Piñero-Benson, University of New Hampshire  Following the October 7, 2023, Hamas attack in Israel and the ongoing geopolitical conflict, many colleges and universities witnessed a surge of...more

McDermott Will & Schulte

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

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