News & Analysis as of

Employment Discrimination Civil Rights Act

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

Dickinson Wright on

In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Fox Rothschild LLP

What Federal Contractors and Grant Recipients Should Know About DOJ’s Unlawful Discrimination Guidance

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On July 29, 2025, US Attorney General Bondi issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memo). The Memo follows multiple executive...more

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Fisher Phillips on

An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

Jaburg Wilk

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

Jaburg Wilk on

Filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) can be confusing when determining who the employer is. That’s especially true in a complex corporate environment, where...more

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on

When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

Foley & Lardner LLP

DOJ Issues Additional Guidance Concerning Unlawful Discrimination to Recipients of Federal Funding

Foley & Lardner LLP on

On July 29, 2025, the Department of Justice (“DOJ”) issued guidance outlining what it considers “unlawful discrimination” by recipients of federal funds. In the guidance, Attorney General Bondi clarifies the application of...more

Spilman Thomas & Battle, PLLC

Clarifying Standards for “Reverse” Discrimination, Coupled with Other Recent Changes (see Muldrow), could have Real Implications...

Did the Supreme Court’s unanimous decision in Ames v. Ohio Dept. of Youth Serv., 145 S.Ct. 1540 (2025), decided in June of this year, make it easier for employees to bring discrimination lawsuits against their employers? The...more

K&L Gates LLP

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement

K&L Gates LLP on

Attorney General Pam Bondi issued a memorandum on 29 July 2025 titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (Memorandum) that provides new, detailed guidance on a key question that had...more

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

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

Are the days numbered for the U.S. Equal Employment Opportunity Commission’s (EEOC) ability to permit plaintiffs to eschew the administrative process by issuing Notice of Right to Sue letters “on request” prior to 180 days?...more

Offit Kurman

New DOJ Memo Addresses Legality of DEI Programs for Federal Funding Recipients

Offit Kurman on

On July 30, 2025, the Department of Justice released a memo from Attorney General Pam Bondi offering guidance to federal agencies and recipients of federal funding regarding practices that the administration views as...more

Brownstein Hyatt Farber Schreck

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

In a recent memorandum for all federal agencies, the Department of Justice (“DOJ”) has issued new guidance regarding unlawful discrimination. This new guidance has potentially far-reaching implications for businesses and...more

Mayer Brown

DOJ Defines “Illegal DEI,” Warns Recipients of Federal Funds to Take Notice

Mayer Brown on

On July 29, 2025, U.S. Attorney General Pam Bondi issued Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”). Following the creation of the Civil Rights Fraud Initiative by the...more

Berkshire

DOJ Releases Additional Guidance Regarding Unlawful Discrimination

Berkshire on

In a memo to all federal agencies dated July 29, 2025, “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination,” Attorney General Pam Bondi clarifies the Trump administration’s stance on illegal...more

DCI Consulting

DOJ Releases Memo on Discrimination by Funding Recipients

DCI Consulting on

Late last month, the Department of Justice (DOJ) released a memorandum emphasizing that discrimination by recipients of federal funds will no longer be tolerated. Notably, this memo introduces the concept of "Unlawful Proxy...more

Goodwin

DOJ Releases Memo Regarding Unlawful Discrimination by Federal Funding Recipients

Goodwin on

On July 29, 2025, the Department of Justice (“DOJ”) issued further guidance regarding the application of federal antidiscrimination laws to programs and initiatives undertaken by recipients of federal funding, in the form of...more

Fisher Phillips

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

Fisher Phillips on

Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

Saul Ewing LLP

How the Trump Administration’s Stance on DEI Could Impact Your Access to Federal Funding, and Its Ripple Effects

Saul Ewing LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies discussing Diversity, Equity, and Inclusion (DEI) programs. More specifically, she outlined how agencies should regulate the activities...more

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

Constangy, Brooks, Smith & Prophete, LLP

DOJ provides guidance on DEI and unlawful discrimination

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Woods Rogers

Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler for an insightful discussion on disparate impact and the recent rollback of government enforcement in these types of...more

Harris Beach Murtha PLLC

The Trump Administration Signals Its False Claims Act Enforcement Priorities

As the second Trump Administration concludes its sixth month, the U.S. Department of Justice has identified its top False Claims Act (FCA) enforcement priorities...more

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