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Employer Liability Issues Executive Orders Employment Discrimination

Seyfarth Shaw LLP

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

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On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on...more

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

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Berkshire

Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

Berkshire on

After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...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

DCI Consulting

[Webinar] Restoring Merit-Based Opportunity: Complying with EO 14173 and Upholding EEO Standards - June 11th, 2:00 pm - 3:00 pm...

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Join us for an exclusive DCI webinar where our expert panel will break down the far-reaching implications of Executive Order 14173 for federal contractors. This timely discussion will examine the broader legal and regulatory...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

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

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This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

Venable LLP

New Trump Executive Order Dismantles Disparate Impact Liability

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On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Hinckley Allen

Trump’s Latest Executive Order Addressing Discrimination Claims: What Does This Mean for Disparate Impact Liability?

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On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”).  The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts to the...more

Lathrop GPM

Executive Order Shifts Federal Enforcement Away from Disparate Impact Theory of Discrimination Liability

Lathrop GPM on

An Executive Order signed by President Trump on April 23, titled “Restoring Equality of Opportunity and Meritocracy,” directs federal agencies to shift their enforcement of civil rights laws away from disparate impact...more

Fox Rothschild LLP

Trump Executive Order Rolls Back Disparate-Impact Enforcement

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President Trump has issued an executive order aimed at significantly reducing the use of disparate-impact analysis by federal agencies when enforcing anti-discrimination laws. Titled “Restoring Equality of Opportunity and...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

CDF Labor Law LLP

[Webinar] The Future of DEI for California Employers in a Shifting Legal Landscape - April 30th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join a panel of CDF attorneys for an insightful webinar addressing the current state of Diversity, Equity, and Inclusion (DEI) initiatives for California employers in light of recent federal developments. The Trump...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...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

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

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

Schwabe, Williamson & Wyatt PC

EEOC and DOJ Guidance on DEI

The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs. The EEOC’s guide for employees is titled “What To Do If You Experience...more

Mintz

[Podcast] Mintz on Air: Practical Policies - Can AI Make Good Decisions in the Workplace?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on the role of AI in human resources decision making in the workplace. This episode is part of a series of...more

Conn Kavanaugh

A Guide for Massachusetts Employers Concerning Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based...

Conn Kavanaugh on

The federal government does not have legal authority to prohibit private-sector businesses from engaging in lawful Diversity, Equity, Inclusion and Accessibility practices, or mandate their removal. On January 21, 2025,...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

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

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