News & Analysis as of August 10, 2025

Affirmative Action

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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 +

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

K&L Gates LLP on 6/16/2025

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background...more

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

Saul Ewing LLP on 5/27/2025

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

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on 5/9/2025

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

EEOC Defines Unlawful DEI

CDF Labor Law LLP on 3/20/2025

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

EEOC Exerts Pressure on Law Firms to Discontinue DEI

FordHarrison on 3/20/2025

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

EEOC Answers Questions About What Constitutes Illegal DEI Programs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/20/2025

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

President Trump Sacks DEI Programs: Key Considerations for California Employers

Fox Rothschild LLP on 1/31/2025

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

Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

Sheppard Mullin Richter & Hampton LLP on 1/29/2025

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action...more

Key Insights on Executive Order Directing Scrutiny of Private-Sector DEI Efforts

Latham & Watkins LLP on 1/28/2025

On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order) directing federal agencies to enforce federal civil rights laws to...more

DEI on the Chopping Block

Roetzel & Andress on 1/24/2025

“We will forge a society that is colorblind and merit-based.” – President Trump, January 20, 2025. Consistent with President Trump’s words during his inauguration address, he has already begun efforts to roll-back diversity,...more

President Trump Revokes Executive Order 11246

Bass, Berry & Sims PLC on 1/23/2025

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2023

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

Increase Diversity While Keeping It Legal

Constangy, Brooks, Smith & Prophete, LLP on 6/14/2021

Improving diversity -- what's okay and what isn’t? Employers are creative and strategic when it comes to increasing workforce diversity. Sometimes, however, that creativity -- and the motivation to “move the needle” on...more

Dear Littler: Will These Recruiting Ideas Help Me Meet Our Diversity Goals?

Littler on 5/2/2018

Our boss is really pushing for us to increase our number of diverse employees. I see his point—we are a predominantly white and male workforce, though we have more than 150 workers. My managers had a meeting to set some...more

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Miller & Martin PLLC on 6/27/2013

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

Proskauer - Government Contractor Compliance... on 6/27/2013

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

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