News & Analysis as of

Diversity and Inclusion Standards (D&I) Employee Training Employer Liability Issues

Jackson Lewis P.C.

What Do Recent DEI Training-Focused Federal Agency Guidance and Court Decisions Mean for Employers?

Jackson Lewis P.C. on

Two new technical-assistance documents jointly released by the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) warn that common diversity, equity, and inclusion (DEI)-training practices —...more

Amundsen Davis LLC

EEOC Sets Its Sights on DEI Programs: What Employers Need to Know

Amundsen Davis LLC on

The Equal Employment Opportunity Commission (EEOC) recently announced that it will be examining DEI programs for potential violations of Title VII following President Trump’s executive orders regarding DEI programs and the...more

FordHarrison

EntertainHR: What SNL Can Teach Us About Employee Retention

FordHarrison on

Last month, comedians spanning five decades gathered to celebrate one of TV’s longest running shows, Saturday Night Live’s 50th anniversary. Fifty years is quite a remarkable accomplishment, considering shows rarely last...more

Woods Rogers

Managing Workplace Civility during Trying Times

Woods Rogers on

With this week marking a change in federal administration, emotions and opinions are running high across the country. There is bound to be a heated discussion in the breakroom or on team message boards....more

Constangy, Brooks, Smith & Prophete, LLP

Back to School: 3 Essential Employee Trainings

Back to school season isn't just for the kids! Employee and management trainings are an essential tool for keeping your workplace running smoothly and compliant with employment, cybersecurity, and data privacy laws. In this...more

Whiteford

Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?

Whiteford on

This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...more

Holland & Hart - Employers' Lawyers

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

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

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Morgan Lewis

Courts Issue Three Significant DEI Decisions

Morgan Lewis on

Last week, three federal courts issued significant decisions impacting the diversity, equity, and inclusion (DEI) legal landscape. Together, the cases demonstrate the rapidly evolving state of the law with respect to DEI....more

Littler

Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

Littler on

Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to...more

Bradley Arant Boult Cummings LLP

11th Circuit Puts to Sleep Florida Anti-Woke Law Prohibiting Certain Workplace Training

You may recall that in 2021 the State of Florida, in a much-publicized move, passed a law called the “Stop W.O.K.E. Act,” which banned Florida employers from mandating employee attendance to any training or instruction that...more

Seyfarth Shaw LLP

Eleventh Circuit Strikes Down Florida Ban on Company’s “Woke” Diversity Training

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more

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

DEI Under Scrutiny, Part V: Proposed Utah Bill Would Have Extended Restrictions on DEI to Private Employers’ Training Programs

States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill...more

Spilman Thomas & Battle, PLLC

The Impact of the Supreme Court’s Decision on Affirmative Action in Education on Workplace DEI

In June 2023, the United States Supreme Court issued rulings in two related cases: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and SFFA v. University of North Carolina, Nos. 20-1199 & 21-707,...more

JAMS

[PODCAST] Understanding and Celebrating Neurodiversity and the Steps to Creating an Inclusive Workplace

JAMS on

In this podcast, JAMS neutrals Stephen H. Sulmeyer, J.D., Ph.D.; Robin H. Gise, Esq.; and Maurice Q. Robinson, a member of the 2022–2023 class of the JAMS Diversity Fellowship Program, discuss neurodiversity and the...more

Littler

Inching Forward Toward Potential Clarification of Florida’s Individual Freedom Act (the “Stop-W.O.K.E.” Law)

Littler on

On August 24, 2023, over a year after Florida’s Individual Freedom Act (IFA) (commonly referred to as the “Stop-W.O.K.E.” law) went into effect, and about one year after a Florida federal court partially enjoined the new law,...more

Spilman Thomas & Battle, PLLC

Employer Considerations Following the Supreme Court’s Decision on Affirmative Action

Although developments in higher education on the issue of affirmative action in admissions may not seem relevant to private employers, the U.S. Supreme Court’s recent decision should prompt employers to reexamine their own...more

Littler

“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

Littler on

Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat. House Bill 999 (Postsecondary Educational Institutions), which was approved in a...more

FordHarrison

Stop and Go: Where Things Stand with Florida’s Stop WOKE Act

FordHarrison on

Florida has made national news in the employment law sphere over the past six months with the passage, implementation, and temporary enjoinment of HB7, also called the Individual Freedom Act or “Stop WOKE Act.” The Act, which...more

Bowditch & Dewey

Federal Court Partially Blocks Florida from Enforcing ‘Stop WOKE Act’ – What This Means for Employers

Bowditch & Dewey on

On August 18, 2022, the U.S. District Court for the Northern District of Florida partially enjoined Florida’s Individual Freedom Act (“IFA”), also known as the Stop Wrongs to Our Kids and Employees (WOKE) Act. The law, which...more

FordHarrison

Federal Court Grants Preliminary Injunction to Halt Enforcement of Florida's Stop WOKE Act

FordHarrison on

On August 18, 2022, the United States District Court for the Northern District of Florida entered a preliminary injunction ordering state officials in Florida to take no steps to enforce HB7, or the “Stop WOKE Act,” while the...more

Littler

Can Even Stranger Things Still Happen? Florida is Blocked From Enforcing “Stop-WOKE” Law… For Now

Littler on

Following a series of stops and starts, Florida’s Individual Freedom Act (IFA), or the so-called “Stop-WOKE” law, was partially enjoined on August 18, 2022.  The law, which went into effect July 1, 2022, had dramatically...more

Jackson Walker

Five Challenges and Remedies for Effective Implementation of Employee Resource Groups

Jackson Walker on

The introduction and ongoing implementation of employee resource groups is vital for companies of all sizes and all backgrounds. Not only are employee resource groups important to the diversity, equity, and inclusion (DEI)...more

Perkins Coie

Florida Bans Mandatory WOKE Workplace Activities

Perkins Coie on

Some employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022...more

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