News & Analysis as of

Department of Justice (DOJ) Equal Employment Opportunity Commission (EEOC) Enforcement Actions

Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

Seyfarth Shaw LLP on

In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Woods Rogers

Executive Order Targets Disparate-Impact Liability

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On April 23, 2025, President Trump issued Executive Order (EO) 14281 titled “Restoring Equality of Opportunity and Meritocracy.” The EO establishes the current administration’s policy broadly opposing the use of...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

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Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Maynard Nexsen

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

Maynard Nexsen on

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

Berkshire

New Executive Order Indicates Trump Administration Will De-Emphasize Disparate Impact Enforcement

Berkshire on

On April 23, 2025, the White House issued Executive Order 14281 entitled “Restoring Equality of Opportunity and Meritocracy” that announces the Administration’s policy “to eliminate the use of disparate impact liability in...more

Paul Hastings LLP

New Executive Order Attacks ‘Disparate Impact’ Liability

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On April 23, 2025, President Donald Trump signed the “Restoring Equality of Opportunity and Meritocracy” executive order (the Disparate Impact EO) directing federal agencies to eliminate the use of disparate impact liability...more

Dinsmore & Shohl LLP

Executive Order Targets Disparate Impact Claims: Key Takeaways for Employers

Dinsmore & Shohl LLP on

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

Fox Rothschild LLP

Trump Executive Order Rolls Back Disparate-Impact Enforcement

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President Trump has issued an executive order aimed at significantly reducing the use of disparate-impact analysis by federal agencies when enforcing anti-discrimination laws. Titled “Restoring Equality of Opportunity and...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

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

Proskauer - California Employment Law

Trump Administration Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Equality of Opportunity and Meritocracy (Trump EO Tracker)

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads...more

Fisher Phillips

The PEO Immigration Survival Guide for 2025

Fisher Phillips on

It’s been a tumultuous start of the second Trump administration when it comes to immigration, and things won’t be slowing down anytime soon. What do PEOs need to know about the current state of affairs, and what can you do to...more

Sheppard Mullin Richter & Hampton LLP

The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in...more

Sheppard Mullin Richter & Hampton LLP

New EEOC Guidance Creates DEI Compliance Considerations for Employers

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”), together with the U.S. Department of Justice (“DOJ”), issued a press release cautioning employers against discrimination arising from diversity,...more

Epstein Becker & Green

#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law...

This week, we highlight new guidance from the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) on diversity, equity, and inclusion (DEI)-related discrimination. We also examine the Acting EEOC...more

Vorys, Sater, Seymour and Pease LLP

EEOC and DOJ Increase Scrutiny on Employer Diversity, Equity, and Inclusion Programs and Practices

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released two “technical assistance” documents clarifying the Trump Administration’s position on diversity, equity, and inclusion (DEI) in the...more

Perkins Coie

Unpacking the Joint EEOC and DOJ Guidance on “DEI-Related Discrimination”

Perkins Coie on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released joint “technical assistance documents” (a one-page document titled “What To Do if You Experience...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

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

K&L Gates LLP

EEOC and DOJ Clarify the Federal Government's Enforcement Priorities As to Dei-Related Workplace Discrimination

K&L Gates LLP on

On 19 March 2025, the US Equal Opportunity Commission (EEOC) and Department of Justice (DOJ) issued two technical assistance documents clarifying what workplace diversity, equity, and inclusion (DEI) programs and practices...more

Franczek P.C.

Week in Review – New Developments from the Dept. Of Ed., More Enforcement Actions by the EEOC and DOJ, and Additional Challenges...

Franczek P.C. on

It was another big week for the Department of Education, with President Trump signing an Executive Order on Thursday instructing Education Secretary Linda McMahon to take actions to “close” the Department. President Trump’s...more

McGuireWoods LLP

EEOC and DOJ Issue Guidance and Warnings on DEI-Related Discrimination at Work

McGuireWoods LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) published two technical assistance guides regarding the agencies’ views on what may constitute unlawful...more

Epstein Becker & Green

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

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Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more

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