News & Analysis as of

Diversity and Inclusion Standards (D&I) Employment Discrimination New Guidance

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

Paul Hastings LLP on

Following President Donald Trump’s issuance in January 2025 of the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order, which sought to curb “illegal” diversity, equity and inclusion (DEI)...more

Jackson Lewis P.C.

DOJ Releases DEI Guidance

Jackson Lewis P.C. on

Attorney General Pam Bondi issued guidance dated July 29, 2025, to all federal agencies and recipients of federal funding, reiterating the Trump Administration’s January directive that all programs, policies, and activities —...more

Phelps Dunbar

DOJ Issues New Guidance for Federal Funding Recipients Regarding Unlawful Discrimination in DEI Programs

Phelps Dunbar on

From its inception, the new Trump Administration issued executive orders that were critical of Diversity, Equity and Inclusion (DEI) programs. For example, as we previously addressed, Executive Order 14173 prohibited...more

Lerch, Early & Brewer

What Employers Need to Know About the New EEOC Guidance Regarding DEI–Related Discrimination

Lerch, Early & Brewer on

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Justice Department jointly issued two technical assistance documents focused on educating the public about DEI-related...more

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

President Trump Nominates Assistant U.S. Attorney Panuccio to Serve as EEOC Commissioner

In what may provide the U.S. Equal Employment Opportunity Commission (EEOC) the ability to move forward with implementing policy changes, issuing new guidance, and rescinding other guidance, President Donald Trump nominated...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

McNees Wallace & Nurick LLC

Understanding the EEOC’s Guidance on DEI-Related Discrimination in the Workplace

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.”  The document is comprised of a...more

Whiteford

Employment Law Update: DEI Injunction Lifted and EEOC Issues DEI Guidance Documents

Whiteford on

The Fourth Circuit Court of Appeals has lifted a nationwide injunction on the Diversity, Equity, and Inclusion (DEI) Executive Orders issued by President Trump in January 2025. This means the DEI Executive Orders can and will...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

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

DCI Consulting on

Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...more

Berkshire

Former EEOC Officials Push Back on EEOC/DOJ Guidance on DEI

Berkshire on

Ten former EEOC officials, including former Chairs, Vice Chairs, Commissioners, General Counsels, and Legal Counsels nominated by Presidents from George W. Bush to Donald Trump, have issued a joint statement about guidance...more

Sheppard Mullin Richter & Hampton LLP

New EEOC Guidance Creates DEI Compliance Considerations for Employers

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”), together with the U.S. Department of Justice (“DOJ”), issued a press release cautioning employers against discrimination arising from diversity,...more

Bodman

Navigating DEI Initiatives in Compliance with Title VII: Insights from EEOC and DOJ Guidance

Bodman on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how Diversity, Equity, and Inclusion (DEI) initiatives intersect with Title VII of the...more

Stradling Yocca Carlson & Rauth

DEI Scrutiny Leads to New Advice: The EEOC Issues Updated DEI Guidance

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance regarding DEI: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About...more

Dinsmore & Shohl LLP

Affinity Groups Potentially Unlawful, According to Recent EEOC and DOJ Guidance

Dinsmore & Shohl LLP on

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected characteristics, including race and sex. However, Title VII does not define Diversity, Equity and Inclusion (“DEI”) in the...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

Genova Burns LLC

“Unlawful DEI” Explained (Or Not) By New EEOC Guidance

Genova Burns LLC on

On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate New Joint Guidance From DOJ, EEOC on DEI and Workplace Discrimination

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two technical assistance documents focused on potential unlawful discrimination related to diversity,...more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

Hinckley Allen

EEOC and DOJ Issue Guidance on Diversity, Equity and Inclusion

Hinckley Allen on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two “technical assistance documents” for the purpose of “educating the public about unlawful...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

Harris Beach Murtha PLLC

New EEOC Guidance Advises on Acceptable Workplace DEI Practices

The EEOC and Department of Justice have weighed in on DEI in the workplace. In two guidance documents, the Equal Employment Opportunity Commission (“EEOC”) presented its stance for employers to steer clear of illegal...more

Benesch

Recent Guidance from the EEOC Targets DEI. So How Should Employers React?

Benesch on

The Equal Employment Opportunity Commission (“EEOC”) and the Department of Justice (“DOJ”), two federal agencies responsible for policing discrimination in the workplace, recently issued informal guidance outlining what could...more

Venable LLP

Defining ‘DEI-Related Discrimination’: Recent Moves by the EEOC Shed Further Light on the Trump Administration’s DEI Focus

Venable LLP on

The Equal Employment Opportunity Commission (EEOC) was busy last week in the diversity, equity, and inclusion (DEI) space, offering further insight into practices and programs likely to be scrutinized following President...more

Fisher Phillips

EEOC Issues Guidance on Unlawful Workplace DEI Programs: Top Takeaways for Employers

Fisher Phillips on

Employers just received some clarity on what type of workplace DEI programs may be risky under President Trump’s recent executive orders relating to illegal diversity, equity, and inclusion practices. The Equal Employment...more

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