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Enforcement Actions Anti-Discrimination Policies Employment Discrimination

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

Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

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In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Husch Blackwell LLP

Tennessee Attorney General’s Office Launches New Civil Rights Enforcement Division: What Employers Need to Know

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On July 1, 2025, Tennessee Attorney General Jonathan Skrmetti announced the launch of the Civil Rights Enforcement Division (CRED), a newly established unit within the Attorney General’s Office. This significant structural...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

Kilpatrick

DOJ Announces Plans to Use False Claims Act to Target Anti-Semitism and DEI Policies

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In the first five months of this administration, it is clear that one of the foremost concerns of President Trump’s agenda is its focus on Diversity, Equity, and Inclusion (“DEI”) initiatives. Issued in January 2025,...more

Foley & Lardner LLP

DOJ Ramps Up Anti-DEI Enforcement

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On May 19, 2025, the Department of Justice (DOJ) announced its Civil Rights Fraud Initiative, outlining its plan to use the civil False Claims Act (FCA) to investigate and pursue claims against those who “certify compliance...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ announces Civil Rights Fraud Initiative

Feds continue to focus on contractors’ DEI programs. Deputy U.S. Attorney General Todd Blanche issued a Memorandum on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce...more

Offit Kurman

The Changing Landscape of EEOC Enforcement and Disparate Impact

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the...more

Orrick, Herrington & Sutcliffe LLP

Executive order targets disparate-impact liability, promotes meritocracy

On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

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Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

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In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Proskauer - California Employment Law

Trump Administration Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws

On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum...more

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

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A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits...more

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

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Cozen O'Connor

Big Law’s DEI Practices Face Scrutiny by Republican AGs and the EEOC

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A group of 12 Republican AGs announced that they have sent a letter to multiple law firms (collectively, “law firms”) warning that the law firms’ diversity, equity, and inclusion (DEI) policies and practices may violate state...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

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Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

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Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...more

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

Former EEOC Officials Defend DEI Programs in Response to Acting Chair’s Technical Assistance

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical...more

Vorys, Sater, Seymour and Pease LLP

EEOC and DOJ Increase Scrutiny on Employer Diversity, Equity, and Inclusion Programs and Practices

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released two “technical assistance” documents clarifying the Trump Administration’s position on diversity, equity, and inclusion (DEI) in the...more

Weintraub Tobin

The DOJ and EEOC Move Forward with Enforcement of the President’s Executive Order 14173 (the “Anti-DEI Order”)

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Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

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The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

Conn Kavanaugh

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

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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

McGuireWoods LLP

EEOC and DOJ Issue Guidance and Warnings on DEI-Related Discrimination at Work

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On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) published two technical assistance guides regarding the agencies’ views on what may constitute unlawful...more

Epstein Becker & Green

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

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Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more

Stinson LLP

Injunction Lifted Against Key Portions of President Trump’s Anti-Diversity, Equity and Inclusion Executive Orders

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide injunction a federal district court had issued in National Association of Diversity Officers in Higher Education...more

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