News & Analysis as of

Employer Liability Issues Department of Justice (DOJ) Diversity and Inclusion Standards (D&I)

Constangy, Brooks, Smith & Prophete, LLP

Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act

The U.S. Department of Justice announced its new Civil Rights Fraud Initiative with the goal to identify entities defrauding the government by knowingly violating civil rights laws. The DOJ is specifically targeting employers...more

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

Ice Miller on

At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

Sheppard Mullin Richter & Hampton LLP

DOJ Civil Rights Fraud Initiative Will Use the False Claims Act to Target Antisemitism and DEI Programs

At the end of May, the Department of Justice (DOJ) announced the formation of a Civil Rights Fraud Initiative to “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal...more

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

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

Jackson Lewis P.C. on

U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Kelley Drye & Warren LLP

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion (“DEI”) initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173 – titled...more

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

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

On May 19, 2025, the U.S. Department of Justice (DOJ) launched its Civil Rights Fraud Initiative. This is a coordinated enforcement effort aimed at using the False Claims Act (FCA) to investigate and, where appropriate,...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

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more

Husch Blackwell LLP

EEOC Technical Assistance Documents on DEI Programs Increase Pressure on Employers

Husch Blackwell LLP on

On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC)...more

Keating Muething & Klekamp PLL

EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?

On March 19, 2025, the Equal Employment Opportunity Commission and Department of Justice issued guidance addressing unlawful discrimination related to diversity, equity, and inclusion (“DEI”) in the workplace. Although DEI is...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

Jackson Walker

DEI Under Scrutiny: What Employers Must Know About New EEOC and DOJ Guidance

Jackson Walker on

Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is...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

Vinson & Elkins LLP

New Federal Guidance Addresses Workplace Discrimination Questions

Vinson & Elkins LLP on

On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued two technical assistance documents (the “DEI Guidance”) addressing the application of Title VII of the Civil Rights Act of 1964 (“Title VII”) to...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

Bowditch & Dewey

Federal Agencies Release Much-Anticipated Guidance on DEI in the Workplace

Bowditch & Dewey on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued joint guidance highlighting workplace diversity, equity, and inclusion (“DEI”) practices that may...more

Brooks Pierce

DOJ and EEOC Issue Statements on Administration’s Interpretation of "Illegal DEI"

Brooks Pierce on

On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more

Goodwin

Employers Are Advised To Revisit DEI Programs In Light of Newly-Released Technical Assistance Documents

Goodwin on

On March 19, 2025, the Equal Employment Opportunity Commission (the “EEOC”) and the Department of Justice (the “DOJ”) jointly issued a technical assistance document entitled “What To Do If You Experience Discrimination...more

CDF Labor Law LLP

EEOC Defines Unlawful DEI

CDF Labor Law LLP on

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

Keating Muething & Klekamp PLL

Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump

Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more

Eversheds Sutherland (US) LLP

Executive Orders and deciding effective initiatives, or Trump 2 fast 2 furious

The first month of President Trump’s second administration began with a flurry of Executive Orders, many of which directly affect various employment related issues. While many of the new administration’s Executive Orders (EO)...more

McNees Wallace & Nurick LLC

What U.S. Employers Need to Know about Upcoming DEI Executive Orders

On the first day of President Trump’s second administration, he signed the Ending Racial and Wasteful Government DEI Programs and Preferencing Executive Order. This order provides direction to eliminate any and all Diversity,...more

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

What Federal Contractors and Grant Recipients Need to Know About EO 14173’s Certification and Nondiscrimination...

Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” creates new obligations that could carry significant risks for any organization doing business with the United States federal...more

Shutts & Bowen LLP

DOJ Issues Directives on DEI

Shutts & Bowen LLP on

On February 5, 2025, her first day in office, Attorney General Pam Bondi issued two memos explaining steps being taken by the Department of Justice (DOJ) to implement President Trump’s Executive Order 14173 of January 21,...more

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