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Civil Rights Act Equal Protection

Venable LLP

SCOTUS Agrees to Review State Bans on Transgender Athletes in Girls’ and Women’s School Sports

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Just days after the University of Pennsylvania's settlement with the federal government, the U.S. Supreme Court agreed to hear two cases involving state transgender athlete bans of girls and women competing in school sports...more

Bracewell LLP

Diversity Programs Could Mean Defunding, New Attorney General Memorandum Warns

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Federal law has long required recipients of federal funds to comply with anti-discrimination laws. Over the last decade, initiatives under the label Diversity, Equity and Inclusion (“DEI”) became a widespread vehicle for...more

Latham & Watkins LLP

DOJ Issues Guidance on “Unlawful Discrimination”

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

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Lathrop GPM

U.S. Supreme Court Says “Reverse Discrimination” Is Equally Unlawful - Clarifies Standard for Majority-Group Plaintiffs in Title...

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The U.S. Supreme Court today swung wide open the door for all persons who experience employment discrimination based on their race, color, religion, sex or national origin to bring suit under Title VII of the 1964 Civil...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

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A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more

Epstein Becker & Green

Disparate Impact Liability Under Fire

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On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

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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

Vorys, Sater, Seymour and Pease LLP

New Executive Order Seeks to Eliminate Disparate-Impact Liability

On April 23, 2025, President Trump issued an executive order (EO) titled Restoring Equality of Opportunity and Meritocracy.  This EO seeks to eliminate the use of disparate-impact liability in various contexts, arguing that...more

CDF Labor Law LLP

Federal Agencies Directed to End Enforcement of Disparate Impact Discrimination Claims Under President Trump’s New Executive Order

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy” (“Executive Order”). This Executive Order is one in a series issued by President Trump with the goal of...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

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Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Pullman & Comley, LLC

Is a Civil Rights Lawsuit by Private Parties a Means to Enforce a Federal Free Choice of Medicaid Provider Provision? A Spending...

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CASE AT A GLANCE - In 2018, Planned Parenthood South Atlantic (PPSAT) and one of its patients, Julie Edwards, sued the administrator of South Carolina’s Medicaid program to enforce the “free choice of Medicaid provider”...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

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more

Bricker Graydon LLP

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

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On March 1, 2025, the U.S. Department of Education (the Department) released a Frequently Asked Questions (FAQ) document in connection with the February 14 Dear Colleague Letter (DCL). This document aims to clarify how...more

Whiteford

Employment Law Update: Supreme Court Hears Argument on Reverse Discrimination Claim with Implications for DEI

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Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more

McAfee & Taft

SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

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Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more

Dorsey & Whitney LLP

U.S. Department of Education’s Guidance Clarifies Discriminatory Activities Subject to Investigation and Funding Consequences

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Following its February 14, 2025, “Dear Colleague Letter,”outlining DEI programs that could result in a loss of federal funding by February 28, 2025, the U.S. Department of Education, Office of Civil Rights (the “Department”)...more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Pullman & Comley - School Law

OCR, DEI and Connecticut Schools – Sorting Through a Legal Minefield

If nothing else, the early days of the Trump administration 2.0 have been a whirlwind of legal activity.  Diversity, equity and inclusion efforts have of course been at the forefront and on February 14, 2025 the federal...more

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

Iowa Governor Signs Law Making State the First to Remove Gender Identity Protections From Civil Rights Code

On February 28, 2025, Iowa Governor Kim Reynolds signed legislation making the state the first to remove antidiscrimination protections for gender identity from its civil rights code....more

Jackson Lewis P.C.

A New Chapter for Educational Institutions: DOE Prohibits Use of Race in All Aspects of Student, Academic, Campus Life

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The U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) directing educational institutions that they are prohibited from using race in decisions pertaining to admissions, hiring,...more

Dentons

Iowa 2025 Legislative Session – Week 7

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Last week, Iowa Republicans fast-tracked legislation related to civil rights and gender identity in Iowa, and hundreds of protesters convened at the Capitol each day. New bills continued to be introduced ahead of the first...more

Epstein Becker & Green

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

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The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

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