News & Analysis as of

Diversity and Inclusion Standards (D&I) Corporate Counsel Affirmative Action

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Constangy, Brooks, Smith & Prophete, LLP

Court blocks portions of Trump’s DEI Executive Orders

The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously reported, several organizations filed a...more

Alston & Bird

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Alston & Bird on

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive...more

Skadden, Arps, Slate, Meagher & Flom LLP

DEI Under Siege: A Guide to the Trump Executive Orders

Key Points - - The new administration’s effort to eliminate most DEI programs extends beyond the federal government to major corporations, foundations, non-profits, professional organizations and educational institutions. -...more

Smith Anderson

WHITE PAPER | The DEI Executive Orders: Considerations for Assessing and Addressing Private Employer and Federal Contractor...

Smith Anderson on

Following the inauguration, President Trump issued a series of Executive Orders addressing Diversity, Equity and Inclusion ("DEI") and Diversity, Equity, Inclusion and Accessibility ("DEIA") in employment that impact federal...more

Mintz

State Attorneys General Take Aim at DEI Policies at Six Major Financial Institutions

Mintz on

On January 23, 2025, a coalition of Attorneys General from ten states, led by AG Ken Paxton of Texas, penned a letter to six major U.S. financial institutions, warning that their embrace of “race-and-sex-based quotas” and...more

Clark Hill PLC

Using the First Amendment to Uphold DEI Initiatives

Clark Hill PLC on

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher...more

Morrison & Foerster LLP - Government...

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

Perkins Coie

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

Perkins Coie on

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

Epstein Becker & Green

DEI and Affirmative Action Programs Blitzed, While Executive Order 11246 Is Revoked

Epstein Becker & Green on

In one of his first acts as President in his second term in office, Donald Trump signed an executive order on January 21, 2025, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“Order”)....more

WilmerHale

Executive Order Seeks to Impose False Claims Act Liability for Federal Contractors’ DEI Programs

WilmerHale on

On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order), which seeks to eliminate diversity, equity, and inclusion (DEI) policies...more

Goulston & Storrs PC

Trump’s Executive Orders Considered: Implications for Private Employers

Goulston & Storrs PC on

During his first week in office, President Trump issued an unprecedented number of executive orders, including orders to eliminate diversity, equity, and inclusion (“DEI”) programs within federal agencies and government...more

ArentFox Schiff

What Employers and Nonprofits Should Know About Trump’s Executive Order Banning Diversity Preferences

ArentFox Schiff on

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives....more

Fisher Phillips

Trump Dismantles Key Affirmative Action and DEI Standards for Federal Contractors: Top 3 Takeaways

Fisher Phillips on

Many federal contractors and subcontractors have long been required to create affirmative action plans and have also promoted diversity, equity, and inclusion – practices that some see as necessary to create equal employment...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Mintz

[Event] Annual Employment Law Summit - May 15th, San Diego, CA

Mintz on

The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available! This year, we are thrilled to feature Hon. William McCurine as our keynote speaker. The segments this year include:...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

Jenner & Block on

From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Morrison & Foerster LLP

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more

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