News & Analysis as of

Constitutional Challenges Civil Rights Act Employment Litigation

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

Perkins Coie on

Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Epstein Becker & Green

Disparate Impact Liability Under Fire

Epstein Becker & Green on

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

Lippes Mathias LLP

Executive Order Limits Use of Disparate Impact Theory Under Civil Rights Act

Lippes Mathias LLP on

On April 23, 2025, President Donald Trump issued an Executive Order that is intended to limit employees' and applicants' abilities to use the disparate impact theory of liability to establish violations of the Civil Rights...more

Sheppard Mullin Richter & Hampton LLP

New Executive Order Aims to End Disparate Impact Liability for Discrimination

On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”) seeking to “eliminate the use of disparate-impact liability in all...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

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

Mintz - Employment Viewpoints

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more

Parker Poe Adams & Bernstein LLP

Inclusion of Caste in EEO Policy Did Not Violate Employees' Constitutional Rights

In recent years, a number of colleges and universities have added caste to their list of prohibited classifications under their anti-discrimination policies. Two Hindu professors at a public California university filed suit,...more

Berkshire

Trump Administration Allowed to Proceed with Enforcement of Anti-DEI Orders

Berkshire on

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit lifted the nationwide injunction preventing enforcement of Executive Order 14173, which targeted diversity, equity, and inclusion (DEI) efforts. While EO...more

Bradley Arant Boult Cummings LLP

Lots of Action – The First Weeks of the Trump Presidency

It has proven to be an eventful first month of the new administration with multiple executive orders, memoranda issued, and lawsuits filed in response. Things are moving quickly and should be continually monitored for...more

Miller Nash LLP

Federal Judge Issues Temporary Nationwide Order Halting Parts of Trump Executive Orders Restricting DEI Programs

Miller Nash LLP on

A Maryland federal court judge issued a temporary injunction late Friday, February 21, 2025, curtailing President Trump’s executive orders aimed at diversity, equity, and inclusion (DEI) programs, including Executive Order...more

Jenner & Block

US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

Jenner & Block on

In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more

Epstein Becker & Green

DEI Dead at Revamped EEOC: EEOC Enforcement Priorities After Trump Administration Makeover

Epstein Becker & Green on

President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of...more

McCarter & English, LLP

DOJ Signals Potential Criminal Enforcement Against Private Sector for Diversity Equity and Inclusion (DEI) and Diversity Equity...

On February 5, 2025, upon her swearing-in, US Attorney General Pamela Bondi issued multiple policy memoranda identifying various priorities of the Department of Justice (DOJ) under the Trump Administration. Among them is a...more

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

DEI at Stake: Federal Groups Challenge Trump’s Efforts to Curb Inclusivity

The Trump administration is facing a new legal challenge to President Donald Trump’s executive orders (EOs) to eliminate diversity, equity, and inclusion (DEI) programs and initiatives after a group of diversity officers,...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide