News & Analysis as of

Employment Discrimination Executive Orders

Freeman Law

U.S. Attorney General’s “Guidance” to Federally-Funded Agencies and Third Parties – Another Blow to DEI Initiatives

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On July 29, 2025, the Office of the U.S. Attorney General published its Memorandum for All Federal Agencies on the subject of “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.”...more

Sheppard Mullin Richter & Hampton LLP

Comprehensive Guide to Trump’s Executive Actions on ESG, DEI & Environmental Policy

The recent wave of executive orders issued under the Trump Administration marks a dramatic shift in the landscape of Environmental, Social, and Governance (ESG) policy, sustainability initiatives, and DEI (Diversity, Equity,...more

Berkshire

DOJ Issuing Civil Investigative Demand Letters to Federal Contractors and Grant Recipients

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The Department of Justice (DOJ) is sending Civil Investigative Demand (CID) letters to some federal contractors and grant recipients as part of the agency’s Civil Rights Fraud Initiative, which was announced in May as part of...more

Harris Beach Murtha PLLC

DOJ Clarifies “Unlawful” DEI in a New Guidance Memo

In a Guidance Memo recently issued to all federal agencies, Attorney General Pamela Bondi clarified what the U.S. Department of Justice (“DOJ”) considers “unlawful” DEI, as referenced in the Joint Guidance the DOJ and Equal...more

McGlinchey Stafford

Employment Pulse (August 2025 Edition)

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McGlinchey’s Employment Pulse showcases thought leadership from our team of experienced labor and employment attorneys, providing timely insights that help employers stay competitive, meet regulatory requirements, and tackle...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

Herbert Smith Freehills Kramer

DOJ Issues Guidance on ‘Unlawful’ Employer DEI Policies, Programs and Practices

As discussed in our prior alert and seen in numerous actions undertaken since the Trump administration took office, employers should expect significant changes to the federal government’s antidiscrimination enforcement...more

Bradley Arant Boult Cummings LLP

The Future of DEI Programs for Private Employers: DEI-D in the Water?

Following a number of 2025 executive orders and combined guidance from the Equal Employment Opportunity Commission and the Department of Justice (DOJ) targeting diversity, equity, and inclusion (DEI) initiatives, a July 29,...more

Spilman Thomas & Battle, PLLC

Understanding DEI Policies in the Workplace Today

Diversity, Equity and Inclusion (DEI) has been a hot topic. In 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. Harvard, 600 U.S. 181 (2023), eliminating race as a factor for college...more

McAfee & Taft

Will expanded freedom of religious expression lead to increased tension in the workplace?

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On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protection Religious Expression in the Federal Workplace.” The memo...more

DCI Consulting

DOJ Releases Memo on Discrimination by Funding Recipients

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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

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

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On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Vinson & Elkins LLP

DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

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On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil...more

Fenwick & West LLP

The DOJ’s New DEI Guidance: What It Means for Businesses, Contractors, and Whistleblowers

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Since returning to office in January 2025, President Donald Trump has made scrutinizing DEI programs a central policy priority, including through the following pronouncements...more

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

Foley & Lardner LLP

Attorney General Memo to Federal Agencies Provides Further Insight Into “Illegal” DEI Programs

Foley & Lardner LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum restates the administration’s...more

Mintz - Employment Viewpoints

The DOJ Issues Its Interpretation of “Illegal DEI”

The U.S. Department of Justice issued a memorandum to all Federal Agencies providing guidance clarifying the application of Federal discrimination law to DEI programs and offering best practices for program compliance. The...more

Paul Hastings LLP

The Department of Justice’s Latest Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination

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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

Phelps Dunbar

DOJ Issues New Guidance for Federal Funding Recipients Regarding Unlawful Discrimination in DEI Programs

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From its inception, the new Trump Administration issued executive orders that were critical of Diversity, Equity and Inclusion (DEI) programs. For example, as we previously addressed, Executive Order 14173 prohibited...more

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

Trending in Transactions - Q2 2025

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President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

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In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Littler

OFCCP Seeks Input on Revised Complaint Forms

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Having recently announced a resumption of its processing of complaints alleging discrimination on the basis of disability or veteran status, the Office of Federal Contract Programs (OFCCP) published a notice in the Federal...more

DLA Piper

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

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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

Berkshire

OFCCP Proposes Changes to Complaint Forms

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The Office of Federal Contract Compliance Programs (OFCCP) is proposing changes to the forms used to file complaints of employment discrimination by federal contractors and subcontractors. The proposed changes would remove...more

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