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Department of Justice (DOJ) Employment Litigation

Proskauer - Proskauer For Good

Proskauer Secures Landmark Remedial Plan Order for Blind and Low-Vision Pedestrians in Chicago

Proskauer is proud to share a significant victory in our long-standing advocacy for the rights of blind and visually impaired pedestrians in Chicago. On May 29, 2025, the Honorable Judge LaShonda A. Hunt of the U.S. District...more

Holland & Knight LLP

Podcast - How Do You Define Success?

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In this episode of "The Trial Lawyer’s Handbook," litigation attorney Dan Small reflects on the question of what it truly means to "win" in the courtroom, sharing insights from his experience prosecuting the Farmers Export...more

DLA Piper

United States Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims Under Title VII

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On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, vacating and remanding a Sixth Circuit ruling against a heterosexual woman in a Title VII “reverse...more

Seward & Kissel LLP

U.S. Supreme Court rejects heightened “background circumstances” burden for Title VII plaintiffs in majority groups

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that courts may not impose a heightened evidentiary standard on majority-group plaintiffs alleging...more

Paul Hastings LLP

Supreme Court Rejects ‘Background Circumstances’ Rule for Title VII Claims Brought by Members of Majority Groups

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On June 5, the Supreme Court decided Ames v. Ohio Department of Youth Services, holding unanimously that members of majority groups suing their employers under Title VII of the Civil Rights Act of 1964 (Title VII) are not...more

Littler

Policy Week in Review – May 2025 #3

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Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Akerman LLP - HR Defense

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

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

Ballard Spahr LLP

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

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Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

Keating Muething & Klekamp PLL

More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to effectively end the use of “disparate impact” liability in enforcing...more

Nelson Mullins Riley & Scarborough LLP

Disparate Impact: Executive Order Restoring Equality of Opportunity and Meritocracy v. Title VII & the Courts

On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more

Kelley Drye & Warren LLP

Trump Targets a Major Legal Theory of Discrimination

We all know what ​“intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect? The U.S. Supreme Court invented a then-novel, and still somewhat...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

Maynard Nexsen

The End of Disparate Impact Claims? Executive Order Calls Into Question Common Theory of Liability.

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Last week, President Donald Trump issued an executive order (“EO”) titled Restoring Equality of Opportunity and Meritocracy, which targets disparate impact as a theory of liability for discrimination cases....more

Morgan, Brown & Joy, LLP

White House Issues Executive Order to Eliminate Disparate Impact Theory in the Enforcement of Discrimination Laws

On April 23, 2025, The Trump administration issued Executive Order (“EO”) 14821, entitled, “Restoring Equality of Opportunity and Meritocracy,” aimed at eliminating disparate impact liability in all contexts, including...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

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On April 23, 2025, President Donald Trump signed an Executive Order titled Restoring Equality of Opportunity and Meritocracy (the Order). The Order calls for a government-wide rollback of disparate impact liability, a...more

Epstein Becker & Green

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

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On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more

Saul Ewing LLP

New Executive Order Limits EEOC Enforcement

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On April 23, 2025, President Trump signed an Executive Order instructing federal agencies to “deprioritize” enforcement of disparate-impact discrimination claims (the “EO”)....more

Jackson Lewis P.C.

Does Employer Disparate Impact Liability Still Exist? The Latest EO Pushes to Eliminate It

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President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

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On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Constangy, Brooks, Smith & Prophete, LLP

Has Trump's EO killed disparate impact claims?

Is the media buzz accurate? On Wednesday, President Donald Trump issued a new executive order, "Restoring Equality of Opportunity and Meritocracy." The buzz is that the President has wiped out disparate impact liability....more

WilmerHale

DOJ Obtains First Wage-Fixing Trial Conviction

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In April 2025, a Nevada federal jury convicted Eduardo Lopez, a home healthcare staffing executive, for fixing the wages of home health nurses. The conviction marks the Department of Justice Antitrust Division’s (DOJ) first...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

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Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

A&O Shearman

In-Home Nursing Agency Executive Convicted By Nevada Federal Jury In The Department Of Justice’s First Victory In A Wage-Fixing...

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On April 14, 2025, a federal jury in Nevada convicted a home healthcare nursing executive on one count of conspiracy to fix wages and five counts of wire fraud after a 15-day trial. The verdict represents the DOJ’s first...more

Vedder Price

DOJ Notches First Trial Win in Wage-Fixing Case

Vedder Price on

On Monday, April 14, 2025, a federal jury convicted Eduardo “Eddie” Lopez of conspiring to fix the wages for home healthcare nurses in Las Vegas and for fraudulently failing to disclose the criminal antitrust investigation...more

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