News & Analysis as of

Employer Liability Issues Diversity and Inclusion Standards (D&I) Affirmative Action

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

DLA Piper on

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...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

EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices

On March 17, 2025, Equal Employment Opportunity Commission (“EEOC”) Acting Chair, Andrea Lucas, sent letters to 20 large law firms requesting information concerning each firm’s diversity, equity, and inclusion (“DEI”) related...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

Lippes Mathias LLP

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

Lippes Mathias LLP on

On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more

Robinson & Cole LLP

Legal Update: Recent Executive Orders: What Employers Need to Know to Assess the Shifting Sands

Robinson & Cole LLP on

In January 2025, President Trump issued a flurry of executive orders. Several may significantly impact employers; the key aspects of these orders are described below, although this is not an exhaustive summary of every...more

McDermott Will & Emery

FAQs for Employers and Federal Contractors on Navigating the DEI Landscape

McDermott Will & Emery on

On January 21, 2025, President Donald Trump issued several executive orders (EOs) eliminating diversity, equity, and inclusion (DEI) programs within the federal government. One of those orders, “Ending Illegal Discrimination...more

Fisher Phillips

What Businesses Need to Know About DEI in the Trump Era: FAQs for Employers

Fisher Phillips on

The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs. In order to dispel myths and provide...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

Bass, Berry & Sims PLC

DEI Developments: DOJ Issues Memo, “Ending DEI and DEIA Discrimination and Preferences”

Bass, Berry & Sims PLC on

As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”

On January 21, 2025, President Trump signed an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This Executive Order is a major pivot in federal policy regarding affirmative action...more

Bass, Berry & Sims PLC

President Trump Revokes Executive Order 11246

Bass, Berry & Sims PLC on

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

Fisher Phillips

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

Fisher Phillips on

Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,...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

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

Epstein Becker & Green

#WorkforceWednesday: NLRB Wants Shuttered Starbucks Stores Reopened, Big Tech Retreats from DEI Programs, and Employers Scrap...

Epstein Becker & Green on

This week, we’re detailing the National Labor Relations Board’s (NLRB’s) request for Starbucks to reopen shuttered stores; how big tech is retreating from diversity, equity, and inclusion (DEI) programs; and why employers may...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

FordHarrison

Have You Audited Your DEIA Initiatives? If Not, You Should

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Executive Summary: Following the Supreme Court’s decision in SFFA v. Harvard/UNC, Attorneys General from 13 states and United States Senator Tom Cotton of Arkansas sent letters to business leaders, warning of potential legal...more

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