News & Analysis as of

Constitutional Challenges Employment Discrimination Affirmative Action

Schwabe, Williamson & Wyatt PC

DOL Issues Proposed Rule Revising Regulations Governing Federal Contractor Affirmative Action Plans

On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more

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

DLA Piper

DEI Under the Trump Administration: Recent Developments for Employers

DLA Piper on

Federal agencies have been enforcing President Donald Trump’s Executive Orders (EOs), with various federal and state government agencies mobilizing to carry out EO 14173, “Ending Illegal Discrimination and Restoring...more

Bond Schoeneck & King PLLC

President Trump Signs Executive Order Aimed at Eliminating Disparate-Impact Liability

On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the Order). Through this Executive Order, and accompanying Fact Sheet, the Trump Administration...more

Goodwin

Trump’s Executive Orders on DEI

Goodwin on

Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more

DCI Consulting

Former OFCCP Officials Pen Open Letter to Federal Contractors

DCI Consulting on

On April 15, 2025, ten former Department of Labor (DOL) officials from the Office of Federal Contract Compliance Programs (OFCCP) and Office of the Solicitor (SOL)—including former Directors Jenny Yang and Pat Shiu—released...more

Benesch

Trump’s Anti-DEI Agenda Remains at Center Stage

Benesch on

Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more

Offit Kurman

The Future of DEI in the Private Sector: Navigating a Changing Legal Landscape

Offit Kurman on

The private sector's Diversity, Equity, and Inclusion (DEI) landscape is undergoing significant transformation in response to evolving federal policies and legal challenges. Two executive orders from President Donald Trump in...more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

Foley & Lardner LLP on

As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

Lathrop GPM

Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

Lathrop GPM on

Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and...more

Stinson LLP

Key Portions of President Trump’s Anti-DEI Executive Orders on Hold

Stinson LLP on

On Friday, February 21, 2025, a federal district court in Maryland issued a nationwide injunction against enforcement of three key provisions in Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...more

Shutts & Bowen LLP

Federal Judge Enjoins Significant Portions of DEI Executive Orders

Shutts & Bowen LLP on

In a 63-page order, Judge Adam B. Abelson, a U.S. District Judge for the District of Maryland, issued a nation-wide preliminary injunction that struck down as unconstitutional significant portions of Executive Order 114173...more

Jackson Lewis P.C.

Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

Jackson Lewis P.C. on

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more

Foley & Lardner LLP

Court Enjoins Portions of Trump Administration’s DEI Executive Orders

Foley & Lardner LLP on

In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and...more

Mintz - Employment Viewpoints

Federal Court Temporarily Halts Implementation of Portions of President Trump’s DEI-Related Executive Orders

A federal district court in Maryland has temporarily enjoined enforcement of several key aspects of two recent DEI-related executive orders from the Trump Administration – Executive Order 14151 (Ending Radical and Wasteful...more

Akin Gump Strauss Hauer & Feld LLP

Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Trump EO Tracker)

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

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

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 1 of Trump 2

Whoa, Nelly! It's a stampede! After President Trump took office on Monday, he lost no time in undoing as much as he could from not only the Biden Administration, but also going all the way back to the days of President...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | How Will Corporate DEI Policies Be Affected by the Supreme Court Ruling in the University Affirmative...

The latest episode of the Informed Board podcast features a discussion of the potential implications for U.S. companies of the U.S. Supreme Court decision in June striking down race-based affirmative action programs in higher...more

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