News & Analysis as of

Diversity and Inclusion Standards (D&I) Employment Litigation Federal Contractors

Littler

Annual Report on EEOC Developments: Fiscal Year 2024 - An Annual Report on EEOC Charges, Litigation, Regulatory Developments and...

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2024 (hereafter “Report”), our fourteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Proskauer - Law and the Workplace

Federal Judge Blocks Key DEI Executive Order Provisions

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

Epstein Becker & Green

Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo - Employment Law This Week® - #WorkforceWednesday®

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This week, we’re covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173’s diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court’s...more

Offit Kurman

The Future of DEI in the Private Sector: Navigating a Changing Legal Landscape

Offit Kurman on

The private sector's Diversity, Equity, and Inclusion (DEI) landscape is undergoing significant transformation in response to evolving federal policies and legal challenges. Two executive orders from President Donald Trump in...more

Littler

Policy Week in Review – March 2025 #3

Littler on

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

FordHarrison

Appeals Court Lifts Injunction on DEI Related Executive Orders

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On March 14, 2025, a three-judge panel of the Fourth Circuit Court of Appeals, issued an order granting the Trump Administration’s motion to stay enforcement of the District Court’s nationwide preliminary injunction on two...more

Berkshire

Trump Administration Allowed to Proceed with Enforcement of Anti-DEI Orders

Berkshire on

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit lifted the nationwide injunction preventing enforcement of Executive Order 14173, which targeted diversity, equity, and inclusion (DEI) efforts. While EO...more

K&L Gates LLP

What is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments

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This alert will explore what the federal government may consider to be “illegal DEI” in light of legal challenges to President Trump’s multiple executive orders (EO’s) pertaining to diversity, equity, inclusion, and...more

Morrison & Foerster LLP

DEI Risk Audits: Mitigate Risks and Protect Values

With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

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Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

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Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Fox Rothschild LLP

DOJ Targets Private-Sector DEI Programs: What Employers Need to Know

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The U.S. Department of Justice (DOJ) has set its sights on diversity, equity, and inclusion (DEI) programs, signaling heightened enforcement risks for employers. In a memorandum, Attorney General Pam Bondi directed the DOJ to...more

Mintz - Employment Viewpoints

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their...more

WilmerHale

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

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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

FordHarrison

Will the Elimination of Efforts in the Federal Sector to "Build a Workforce That Reflects the Diversity of America" Impact the...

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Within days of his second inauguration, President Trump issued a number of Executive Orders. While the impact of his Executive Orders will be seen with time, many employers may be left wondering how the Executive Orders...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP is ordered to end all EO 11246 enforcement activity

DOL’s first step in the dismantling of EO 11246. As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more

Davis Wright Tremaine LLP

New Administration Outlook: What Employers Need To Know About This Week's DEI Executive Orders

On January 20, the White House released an Executive Order Ending Radical And Wasteful Government DEI Programs And Preferencing. This order rescinded the Biden-era pro-DEI orders, including the mandate for federal agencies to...more

Perkins Coie

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

Perkins Coie on

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

Fisher Phillips

Forecast: February 2022 Edition

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Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

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