News & Analysis as of

Employment Discrimination Executive Orders Diversity and Inclusion Standards (D&I)

Freeman Law

U.S. Attorney General’s ā€œGuidanceā€ to Federally-Funded Agencies and Third Parties – Another Blow to DEI Initiatives

Freeman Law on

On July 29, 2025, the Office of the U.S. Attorney General published its Memorandum for All Federal Agencies on the subject of ā€œGuidance for Recipients of Federal Funding Regarding Unlawful Discrimination.ā€...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

Berkshire on

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 ā€œUnlawfulā€ 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 (ā€œDOJā€) considers ā€œunlawfulā€ DEI, as referenced in the Joint Guidance the DOJ and Equal...more

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (ā€œDOJā€) issued a memorandum titled ā€œGuidance for Recipients of Federal Funding Regarding Unlawful Discriminationā€ (the ā€œMemoā€), providing guidance on what diversity, equity,...more

Herbert Smith Freehills Kramer

DOJ Issues Guidance on ā€˜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

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes ā€œIllegal DEIā€

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled ā€œGuidance for Recipients of Federal Funding Regarding Unlawful Discriminationā€ (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

Vinson & Elkins LLP on

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (ā€œDOJā€) 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

Fenwick & West LLP on

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 ā€œclarifies 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 ā€œIllegalā€ DEI Programs

Foley & Lardner LLP on

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

Mintz - Employment Viewpoints

The DOJ Issues Its Interpretation of ā€œIllegal DEIā€

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

Paul Hastings LLP on

Following President Donald Trump’s issuance in January 2025 of the ā€œEnding Illegal Discrimination and Restoring Merit-Based Opportunityā€ executive order, which sought to curb ā€œillegalā€ diversity, equity and inclusion (DEI)...more

Phelps Dunbar

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

Phelps Dunbar on

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

Seyfarth Shaw LLP on

On July 23, 2025, the White House released ā€œAmerica’s AI Action Planā€ 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

DLA Piper on

President Donald Trump’s Executive Order 14173, ā€œEnding Illegal Discrimination and Restoring Merit-Based Opportunity,ā€ and subsequent guidance from the Department of Justice (DOJ) and Equal Employment Opportunity Commission...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

Brownstein Hyatt Farber Schreck

DOJ’s Civil Division Announces New Enforcement Priorities—What It Means for Business

In a June 11 memorandum to all division employees, the assistant attorney general for the Department of Justice’s (DOJ) Civil Division promulgated a new list of enforcement policies with the stated purpose of advancing the...more

PilieroMazza PLLC

New False Claims Act Threats: 5 Key Takeaways from DOJ’s Initiative Targeting DEI and Antisemitism

PilieroMazza PLLC on

On May 19, 2025, the Department of Justice (DOJ) issued a memorandum launching a new enforcement program known as the Civil Rights Fraud Initiative (the Initiative). Furthering the Trump Administration’s direct targeting of...more

Arnall Golden Gregory LLP

DOJ Issues Civil Enforcement Priorities in Line With President’s Executive Orders

The Department of Justice (ā€œDOJā€) continues to expand the Civil Division’s role in enforcing and implementing policies that have been announced through the President’s Executive Orders....more

Seyfarth Shaw LLP

OFCCP Issues Invitation to Voluntarily Report Efforts to Comply with Executive Order 14173

Seyfarth Shaw LLP on

Last week, OFCCP Director Eschbach issued a letter to federal contractors inviting them to voluntarily submit information regarding their efforts to comply with Executive Order 14173, ā€œEnding Illegal Discrimination and...more

Mayer Brown

DOJ Civil Division Announces Five Enforcement Priorities

Mayer Brown on

On June 11, 2025, in a memorandum entitledĀ Civil Division Enforcement PrioritiesĀ (the ā€œMemoā€), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)...more

Seyfarth Shaw LLP

In the Hot Seat: Andrea Lucas Defends Record at Senate Hearing

Seyfarth Shaw LLP on

The Acting Chair of the EEOC has been renominated to serve another term as commissioner, and testified at her confirmation hearing on June 18, 2025. Confirmation is required for her to continue as Acting Chair. Ms. Lucas’...more

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