News & Analysis as of

Department of Justice (DOJ) › Diversity and Inclusion Standards (D&I) › Disparate Impact

Pillsbury Winthrop Shaw Pittman LLP

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

Pillsbury Winthrop Shaw Pittman LLP on

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more

Foley & Lardner LLP

Attorney General Memo to Federal Agencies Provides Further Insight Into “Illegal” DEI Programs

Foley & Lardner LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum restates the administration’s...more

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

Akerman LLP - HR Defense on

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Potomac Law Group, PLLC on

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

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