News & Analysis as of

Employment Discrimination Educational Institutions Race Discrimination

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

Stevens & Lee on

On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

Poyner Spruill LLP on

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Proskauer - California Employment Law

Court Reverses $10 Million Sexual Harassment Verdict Due To Judge’s “Bizarre Comments”

On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC signals crackdown on anti-Jewish bias

And you thought they’d be asleep the next four years. This week, the U.S. Equal Employment Opportunity Commission issued a press release indicating that the EEOC would be cracking down on antisemitism in the workplace, with...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Ballard Spahr LLP

New DOJ Directives Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi

Ballard Spahr LLP on

Pamela Bondi, the newly sworn in Attorney General at the Department of Justice (DOJ), issued a flurry of memos and directives in her first 24 hours on the job. Building on President Trump’s executive orders related to...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board Podcast | How Will Corporate DEI Policies Be Affected by the Supreme Court Ruling in the University Affirmative...

The latest episode of the Informed Board podcast features a discussion of the potential implications for U.S. companies of the U.S. Supreme Court decision in June striking down race-based affirmative action programs in higher...more

FordHarrison

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

FordHarrison on

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

Sheppard Mullin Richter & Hampton LLP

What Does Affirmative Action’s Death Knell Mean for Employers?

At the end of June, the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows Of Harvard College, Nos. 20-1199 & 21-707, 2023 WL 4239254 (U.S. June 29, 2023), outlawed race-based...more

Husch Blackwell LLP

Federal Contractors and Employers with DEI Initiatives: Three Takeaways from SCOTUS Decision Striking Down Racial Preferences

Husch Blackwell LLP on

On June 29, 2023, in a 6-3 decision authored by Chief Justice Roberts, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court (“Court” or “Supreme Court”) held that college and...more

Venable LLP

Employment Recruitment and DEI Initiatives Following the Supreme Court’s Affirmative Action Decision

Venable LLP on

On June 29, 2023, the Supreme Court effectively overturned long-standing affirmative action precedent and held that race-conscious college admissions programs violate the Equal Protection Clause of the Fourteenth Amendment...more

Lathrop GPM

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

Lathrop GPM on

On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Jackson Lewis P.C.

U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

Jackson Lewis P.C. on

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

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