News & Analysis as of

Department of Justice (DOJ) Anti-Discrimination Policies Employment Policies

Constangy, Brooks, Smith & Prophete, LLP

Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act

The U.S. Department of Justice announced its new Civil Rights Fraud Initiative with the goal to identify entities defrauding the government by knowingly violating civil rights laws. The DOJ is specifically targeting employers...more

Mintz - Employment Viewpoints

Mintz on Air: Practical Policies - DEI Diplomacy

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more

Orrick, Herrington & Sutcliffe LLP

Executive order targets disparate-impact liability, promotes meritocracy

On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more

Blank Rome LLP

Changes to Civil Rights Enforcement: New Executive Order Eliminates Disparate-Impact Liability in Federal Regulations

Blank Rome LLP on

On April 23, 2025, the President issued an Executive Order (“EO”) titled “Restoring Equality of Opportunity and Meritocracy” that seeks to drastically curtail the use of disparate-impact liability in federal regulations,...more

Poyner Spruill LLP

Former EEOC Officials Issue Response to Acting Director’s Technical Assistance on DEI Programs

Poyner Spruill LLP on

On March 19, 2025, EEOC Acting Chair, Andrea Lucas, issued a technical assistance document entitled “What You Should Know About DEI-Related Discrimination at Work” ( “ DEI Technical Assistance Document 1”). On the same date,...more

Mintz

[Podcast] Practical Policies: Discerning DEI Discrimination

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and...more

Poyner Spruill LLP

Five Key Points on DEI from EEOC/DOJ Guidance

Poyner Spruill LLP on

The Equal Employment Opportunity Commission (the “EEOC”) issued two technical guidance documents on March 19, 2025 that every employer should read. The first document, issued jointly with the Department of Justice is titled...more

Weintraub Tobin

The DOJ and EEOC Move Forward with Enforcement of the President’s Executive Order 14173 (the “Anti-DEI Order”)

Weintraub Tobin on

Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as...more

Quarles & Brady LLP

EEOC and Justice Department Issue New DEI Guidance For Employers

Quarles & Brady LLP on

The Equal Employment Opportunity Commission (“EEOC”) and U.S. Department of Justice (“DOJ”) are the latest federal agencies to weigh in on the Trump Administration’s efforts to crack down on unlawful Diversity, Equity, and...more

Morgan, Brown & Joy, LLP

EEOC and Department of Justice Issue Guidance on DEI-Related Discrimination

The first two months of the Trump administration saw a flurry of Executive Orders targeting private and public sector diversity, equity, and inclusion (“DEI”) programs, and March has been no different. On March 19, 2025, 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

Holland & Hart - Employers' Lawyers

DEI and Discrimination: What Employers Should Know

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy,...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

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

Shutts & Bowen LLP

DOJ Issues Directives on DEI

Shutts & Bowen LLP on

On February 5, 2025, her first day in office, Attorney General Pam Bondi issued two memos explaining steps being taken by the Department of Justice (DOJ) to implement President Trump’s Executive Order 14173 of January 21,...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

Bass, Berry & Sims PLC

DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”

Bass, Berry & Sims PLC on

As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to...more

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

DOJ Effectively Pauses Its Civil Rights Division’s Litigation, Which May Impact IER’s Pursuit of New Claims

The U.S. Department of Justice (DOJ) issued a directive to its Civil Rights Division, freezing all ongoing or new litigation. The specifics of the freeze are not clear; however, it appears to freeze new claims presented to...more

Foley Hoag LLP

What Businesses Need to Know about President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

Foley Hoag LLP on

On his first two days in office, President Trump issued a handful of executive orders aimed at eliminating diversity, equity, and inclusion (DEI) programs and policies within the federal government and encouraged the private...more

Wiley Rein LLP

Impacts of New DEI Executive Order Extend Beyond Federal Government to Private Sector

Wiley Rein LLP on

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO raises significant new considerations for companies across the United...more

Holland & Knight LLP

DOJ Announces Sexual Harassment Enforcement Initiative - State and Local Government Employers Face Additional Federal Scrutiny

Holland & Knight LLP on

State and local governments – many of whom are already facing new sexual harassment regulations and enforcement actions at the state level – are now subject to additional federal scrutiny and potential enforcement pursuant to...more

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