News & Analysis as of

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

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
McDermott Will & Schulte

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under...more

Woods Rogers

Employees Refuse Workplace Harassment or DEI Trainings: What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Raven Burks joins host Leah Stiegler to discuss whether trainings in the workplace can and should be required. With today’s heightened awareness around...more

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

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

Furia Rubel Communications, Inc.

Law Firm ERGs Under Scrutiny: Navigating Compliance, Risk, and Culture - On Record PR

Sarah Larson and Elizabeth Ogilvie join Jennifer Simpson Carr to discuss how law firms can navigate the evolving legal and political landscape surrounding Employee Resource Groups (ERGs) and diversity, equity, and inclusion...more

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

McDermott Will & Schulte

Understanding and Navigating Compliance with NIH Grant DEI Policies

On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the...more

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

Balch & Bingham LLP on

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

Jackson Lewis P.C.

Former U.S. Department of Labor Officials Pen Open Letter to Contractor Community Addressing Executive Order 14173 and the Current...

Jackson Lewis P.C. on

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and...more

Bodman

Navigating DEI Initiatives in Compliance with Title VII: Insights from EEOC and DOJ Guidance

Bodman on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how Diversity, Equity, and Inclusion (DEI) initiatives intersect with Title VII of the...more

Jackson Lewis P.C.

‘Illegal DEI’ Still Undefined in New EEOC, DOJ Guidance: Compliance Considerations for Employers

Jackson Lewis P.C. on

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued a joint press release on March 19, 2025, announcing two pieces of EEOC guidance for employers on workplace diversity, equity,...more

McCarter & English, LLP

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment...more

Paul Hastings LLP

EEOC and DOJ Issue Guidance on 'DEI-Related Discrimination'

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

Ballard Spahr LLP

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace

Ballard Spahr LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about...more

Littler

EEOC and Department of Justice Issue Technical Assistance on DEI

Littler on

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

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Nossaman LLP

UPDATED: New Transportation Secretary Gets to Work with New Directives

Nossaman LLP on

February 24, 2025 Update (Diversity, Equity, and Inclusion) - The evening of February 21, 2025, Judge Adam B. Adelson, United States District Judge for the District of Maryland, issued a preliminary injunction enjoining...more

Husch Blackwell LLP

Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders

Husch Blackwell LLP on

Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21,...more

Paul Hastings LLP

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

Paul Hastings LLP on

President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

Fox Rothschild LLP

16 State Attorneys General Offer Guidance on DEI Policies Amid Federal Scrutiny

Fox Rothschild LLP on

The attorneys general from 16 states have issued a joint guidance letter in response to orders and statements from the Trump administration, including a memorandum from the U.S. Department of Justice (DOJ) titled “Ending...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

Snell & Wilmer on

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Schwabe, Williamson & Wyatt PC

Recent Executive Orders’ Potential Impact on Private Employers

Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more

Berkshire

Sixteen State Attorneys General: “DEI Best Practices Are Not Illegal”

Berkshire on

The Attorneys General of Massachusetts and Illinois, joined by the Attorneys General of 14 other states (Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon,...more

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