News & Analysis as of

Department of Justice (DOJ) Hiring & Firing Employment Discrimination

Fisher Phillips

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

Fisher Phillips on

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

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Jackson Walker

DEI Under Scrutiny: What Employers Must Know About New EEOC and DOJ Guidance

Jackson Walker on

Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

Holland & Knight LLP on

The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

Proskauer - Law and the Workplace

EEOC and DOJ Release Guidance on DEI and Workplace Discrimination

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

BakerHostetler on

In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Mayer Brown

How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for Immigration Enforcement

Mayer Brown on

AT A GLANCE On February 5, 2025, Attorney General Pamela Bondi issued a series of internal memoranda directing the Department of Justice (DOJ) to implement policy priorities of the Trump Administration. Several of these...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Ballard Spahr LLP

New DOJ Memos Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi

Ballard Spahr LLP on

Pamela Bondi, the newly sworn in Attorney General at the Department of Justice (DOJ), issued a flurry of memos and directives in her first 24 hours on the job. Building on President Trump’s executive orders related to...more

Conn Maciel Carey LLP

The Trump Administration intends to take a hard look at private sector DEI policies, with investigations possible. Is your company...

Conn Maciel Carey LLP on

Shortly after aggressively terminating Diversity, Equity and Inclusion (“DEI”) policies that applied to the federal workforce, the Trump Administration turned its attention outward to the private sector. President Trump’s...more

Seyfarth Shaw LLP

A New Year, A New Warning: DOJ’s First 2025 Settlement Highlights IRCA’s Anti-Discrimination Compliance

Seyfarth Shaw LLP on

The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more

Fisher Phillips

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

Seyfarth Shaw LLP

Legislative Update: Bills That Made the Final Cut For 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the Governor’s September 30 deadline to sign bills behind us, we review the employment bills that made the cut to become laws, as well as those that didn’t survive the season. The most notable new laws...more

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Baker Donelson

Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

Baker Donelson on

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S....more

Faegre Drinker Biddle & Reath LLP

DOJ Settles Discrimination Claims Involving Apple's Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice (DOJ) announced a settlement with Apple over allegations the company engaged in discriminatory recruitment and hiring practices related to the process of seeking labor certification, or the...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

Fox Rothschild LLP on

EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

Frantz Ward LLP on

We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

BCLP

New York City Finalizes Rules for AI Bias in Employment Law and Postpones Enforcement until July 2023

BCLP on

Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more

Sheppard Mullin Richter & Hampton LLP

Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more

Epstein Becker & Green

Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

Epstein Becker & Green on

On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...more

Hogan Lovells

US export controls compliance while avoiding immigration-related discrimination: DOJ issues guidance

Hogan Lovells on

On Tuesday April 18, 2023, the U.S. Department of Justice (DOJ) Civil Rights Division’s Immigrant and Employee Rights Section (IER) issued additional guidance regarding compliance with U.S. anti-discrimination laws at the...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more

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