News & Analysis as of

Civil Rights Act Race Discrimination Anti-Discrimination Policies

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

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

Ballard Spahr LLP

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on...

Ballard Spahr LLP on

On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more

Berkshire

EEOC and DOJ Release Guidance on “Illegal DEI”

Berkshire on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued a joint press release accompanied by two new technical assistance documents explaining this...more

ArentFox Schiff

Nonprofit’s Diversity Scholarship Program Challenged in Federal Court

ArentFox Schiff on

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

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Fisher Phillips

Education Department Kicks Off New Era of Title VI Discrimination Enforcement: What Your School Must Know + 5 Steps to Take Now

Fisher Phillips on

Starting today, the U.S. Department of Education will crack down on “overt and covert racial discrimination” in educational institutions receiving federal funding, according to a February 14 “Dear Colleague” letter issued by...more

Morgan, Brown & Joy, LLP

Employers Should Prepare for Increased Scrutiny Against Private Sector DEI Programs

The Trump Administration and Republican Attorneys General have signaled that private sector employers could expect to be targets of enforcement measures seeking to eliminate diversity, equity, inclusion, and accessibility...more

Franczek P.C.

The DEI Divide: An Overview of the Varying Positions on Corporate DEI Policies Across the U.S.

Franczek P.C. on

As corporate diversity, equity, and inclusion initiatives (“DEI”) face increasing legal and political scrutiny, a deep divide is emerging among states on how they view these initiatives. Some states are doubling down on their...more

Allen Matkins

Does Chicago's Municipal Code Make Everyone A Minority?

Allen Matkins on

Recent posts have discussed a registration statement filed Bally's Chicago, Inc. for an offering that would impose a stockholder qualification based on race, gender and ethnic status.  This qualification requirement is...more

Sheppard Mullin Richter & Hampton LLP

Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights...more

CDF Labor Law LLP

Attorney General Issues Memo Stating that Illegal DEI and DEIA Programs in Private Sector Will Be Prosecuted

CDF Labor Law LLP on

The day after her nomination was confirmed last week, Attorney General Pam Bondi issued a memorandum to all Department of Justice employees on Wednesday, February 5th, stating that the USDOJ’s Civil Rights Division will begin...more

Greenbaum, Rowe, Smith & Davis LLP

Black History Month: Remembering the NJ-Born Physician Who Became the First Black Lawyer Admitted to Practice before the Supreme...

Born in Elsinborough Township in Salem County, New Jersey on October 13, 1825, John S. Rock was a person with amazing talents. After years of working as a physician, for health reasons he turned to the practice of law and in...more

King & Spalding

What Employers Need to Know About the State of the EEOC

King & Spalding on

On January 27, 2025, President Trump removed Commissioners Charlotte A. Burrows and Jocelyn Samuels from the Equal Employment Opportunity Commission (“EEOC”), as well as General Counsel Karla Gilbride. In light of President...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Whiteford

Client Alert: New Executive Orders on DEI

Whiteford on

On January 20 and 21, 2025, President Trump issued several executive orders (“EOs”)[1] that significantly impact diversity, equity, inclusion, and accessibility (“DEI” and “DEIA”) programs and initiatives. These executive...more

Wiley Rein LLP

New Executive Order Rescinds EO 11246; Directs Changes to Nondiscrimination Landscape for Federal Contractors and Grantees

Wiley Rein LLP on

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Consistent with the EO titled “Ending Radical and Wasteful Government DEI...more

Warner Norcross + Judd

What the Newly Issued Executive Order Prohibiting Illegal DEI Discrimination Means for U.S. Businesses

Warner Norcross + Judd on

On his second day in office, President Donald Trump issued Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity aimed at dismantling diversity, equity, inclusion and/or accessibility (DEI or...more

McAfee & Taft

Trump seeks to dismantle DEI programs in private sector

McAfee & Taft on

As discussed in our earlier article, Trump redefines ‘sex’ in executive order, President Trump has already issued numerous executive orders in his first days of office, many of which are aimed at repealing existing laws,...more

Akin Gump Strauss Hauer & Feld LLP

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

The Order rescinds all diversity, equity, and inclusion (DEI) practices or programs across all executive departments and agencies. It also revokes the following executive actions: Executive Order 12898 of February 11, 1994...more

Foley & Lardner LLP

President Trump’s “Rescission” Executive Order

Foley & Lardner LLP on

Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”). The Order’s stated purpose is to retract what it describes...more

Ward and Smith, P.A.

The DEI Stalemate: Paying the Price for the Wrong Move

Ward and Smith, P.A. on

In a unique, interactive session that was part of the firm’s annual In-House Counsel seminar, participants evaluated potential DEI outcomes by analyzing three fictional scenarios. With elements pulled from real-life cases,...more

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

Bowditch & Dewey on

On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

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