News & Analysis as of

Discrimination Equal Employment Opportunity Commission (EEOC) Title VII

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

Conn Maciel Carey LLP on

Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

BakerHostetler

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

BakerHostetler on

As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Ward and Smith, P.A.

Tick Tock, Tick Tock: Employers Face Final EEO-1 Component Filing Deadline

Ward and Smith, P.A. on

The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1 Component 1 data collection on May 20, 2025. The deadline for covered employers to file reports of workplace demographic data is Tuesday, June 24,...more

Saul Ewing LLP

EEO-1 Data Collection Back and Due June 24, 2025

Saul Ewing LLP on

What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal...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

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

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

CDF Labor Law LLP

EEOC Defines Unlawful DEI

CDF Labor Law LLP on

Yesterday, the Federal Equal Employment Opportunity Commission published its guidance entitled: What You Should Know About DEI-Related Discrimination at Work....more

FordHarrison

EEOC Exerts Pressure on Law Firms to Discontinue DEI

FordHarrison on

On March 17, 2025, in an unprecedented action, the Equal Employment Opportunity Commission (“EEOC”), under the direction of Acting Chair Andrea R. Lucas, issued 20 extensive letters to large, prominent law firms containing...more

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

Federal Agencies Target Universities Amid Antisemitism Allegations

The federal government recently revoked all grants and contracts with Columbia University, citing “illegal protests” and antisemitism on campus....more

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently released two technical assistance documents to explain what constitutes illegal diversity, equity, and inclusion (DEI) programs in the workplace. ...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

Jackson Lewis P.C.

Court Clarifies: DEI Injunction Applies Across Government

Jackson Lewis P.C. on

The federal district court for the district of Maryland on March 10, 2025, clarified its Feb. 21 preliminary injunction against Trump Administration enforcement of aspects of its executive orders (EOs) that ban “illegal”...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Jackson Lewis P.C.

Moving Forward: District Court Denies Religious University’s Motion to Dismiss Transgender Ex-Employee’s Title VII Suit

Jackson Lewis P.C. on

The U.S. District Court for the Western District of Virginia denied Liberty University’s motion to dismiss a federal lawsuit brought by a former employee who alleges that Liberty violated Title VII of the Civil Rights Act...more

Vinson & Elkins LLP

Supreme Court Signals it Will Reject Heightened Burden for Majority Group Plaintiffs in “Reverse Discrimination” Employment Claims

Vinson & Elkins LLP on

On February 26, 2025, the Supreme Court and all three counsel appearing before it in Ames v. Ohio Department of Youth Services, appeared to walk away in “radical agreement” — as noted by Justice Neil Gorsuch — that a...more

Keating Muething & Klekamp PLL

Recent Executive Orders’ Impact on the EEOC

Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration....more

Constangy, Brooks, Smith & Prophete, LLP

EEOC backtracks on transgender, pregnancy; full speed ahead against “anti-American” bias

I reported a few weeks ago that President Trump fired two Democratic Commissioners of the Equal Employment Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels). He appointed Commissioner Andrea Lucas...more

FordHarrison

Pam Bondi's Memo to DOJ on DEI: What it Means for Private Employers

FordHarrison on

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and...more

Conn Maciel Carey LLP

The EEOC’s New Guidance on Wearable Tech: What Employers Need to Know

Conn Maciel Carey LLP on

Last year, many of our clients began asking us about the feasibility of requiring or, at the very least, providing their employees with the option of using “wearable technology” in the workplace. As wearable technologies...more

K&L Gates LLP

EEOC Acting Chair Issues Statement Announcing Commission's Plans to Remove Gender Ideology and Return to Mission of "Protecting...

K&L Gates LLP on

On 28 January 2025, the Acting Chair of the Equal Employment Opportunity Commission (EEOC or Commission), Andrea Lucas (Acting Chair Lucas) issued a statement announcing that the Commission is returning to its “mission of...more

Littler

Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination

Littler on

UPDATE: On January 31, 2025, the EEOC advised that at the present time all charges alleging discrimination on the basis of sexual orientation or gender identity will be sent to national headquarters for review to ensure that...more

Fox Rothschild LLP

President Trump Sacks DEI Programs: Key Considerations for California Employers

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Since re-taking the White House 11 days ago, President Donald J. Trump has taken dramatic steps to dismantle DEI (diversity, equity, and inclusion) programs in workplaces nationwide. President Trump’s executive orders...more

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

EEOC Acting Chair Rolls Back Guidance Related to Unlawful Discrimination and Harassment Based on Gender Identity

On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance related to issues of gender identity discrimination and harassment...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

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